Can HOA Prohibit US Flag From Being Hung Upside Down?
Question: One of our neighbors in our Glendale community flies the “upside down” flag on his roof. (His brother was apparently one of the “January 6” protesters.) At our last social gathering by the swimming pool there was a loud argument, and almost a fistfight about this flag. Our HOA board of directors now wants to prohibit all political flags except the Stars and Stripes. Would that prohibition be allowed?
Answer: No. Under ARS 33-1808(A) an HOA cannot prohibit a homeowner from flying not only the American flag, but other flags such as the Arizona state flag, the POW/MIA flag, and the Gadsden flag. An HOA, however, can generally prohibit the flying of the American flag upside down.
