AUTHORITY: The Declaration, Bylaws and Articles of Incorporation of the Association and Arizona law.

Transcription

1 AMENDMENT TO THE ARCHITECTURAL GUIDELINES FOR THE PUEBLO ESTRELLA AT RITA RANCH HOMEOWNERS ASSOCIATION REGARDING POLICY AND PROCEDURE FOR AMERICAN FLAG, SERVICE FLAG AND OTHER FLAGS AND FLAG POLES SUBJECT: Adoption of a policy and procedure regarding the size, location and manner of displaying of American, military service, and other types of flags and flagpoles. PURPOSE: The Association is charged with operating and managing the community, which includes the regulation of improvements, such as flags and flag poles, installed within the community. Arizona law prohibits the enforcement of any covenant or rule which bans the displaying of American, military service, POW/MIA, Tribal and Arizona State flags. Therefore, the Board of Directors desires to adopt a policy and procedure that sets forth the size, location and manner of display of flags, service flags and other flags and flagpoles consistent with Arizona law. AUTHORITY: The Declaration, Bylaws and Articles of Incorporation of the Association and Arizona law. EFFECTIVE DATE: _--,,<-J!..-'-'4tJ,--=--=,-,J NL,--,-,-=--,-':/ --'--_' 2010 RESOLUTION: The Board of Directors, on behalf of the Association hereby adopts the following policy and procedure: 1. Definitions. A. American Flag - the flag of the United States of America.

2 B. Service Flag - a flag bearing a star denoting any of the United States military services. C. Other flag - any other flag, garden banner, seasonal/holiday flag, and sport team flag of the homeowner's choice D. Flagpole - Any pole on which to raise a flag. A "Freestanding" Flagpole is a Flagpole that is installed in the ground. An "Attached" Flagpole is a Flagpole that is attached to something other than the ground. 2. Approval. A. Any Owner or occupant desiring to install a Flag, or a Flagpole to the Owner's Property or Residence shall do so in accordance with this policy. An Owner or occupant shall obtain written approval from the Architectural Review Committee prior to installation of Freestanding Flag Poles, Attached Flag Poles in accordance with any policy and procedure adopted by the Board pertaining to architectural review. B. Compliance with the rules contained in this Policy does not relieve any Owner or occupant from obtaining approval for other exterior modifications, alterations and additions, as may be required by the Association's governing documents. C. Size and Location of American Flags, Service Flags and all other flags. Flags may be displayed anywhere on a Lot so long as the flag is no larger than 4' x 6' and is displayed in accordance with Section 4. An American Flag and all other flags may be displayed on a Flagpole, as long as the Flagpole is no more than 22 feet and installed according to manufacturer specifications. The flagpole may be installed only within the setback restrictions, see ~ ~ of the Declaration. Flagpoles may not be installed without prior written approval from the Architectural Review Committee.

3 3. Manner and Display of American Flags, Service Flags and all other Flags. Flagpoles 1. Freestanding Flagpoles may not be installed without the prior written approval from the Architectural Review Committee. 2. Flagpoles may either be freestanding or attached to a residence and may not be higher than 22 feet. 3. Flagpoles must comply with the following setback restrictions. a. Freestanding Flag poles must be setback from the edge of public street! sidewalk closest to the house and from the driveway by no less then five feet b. Freestanding flag poles must be setback from all structures and shared property lines by a minimum of 6 ~ feet. c. Freestanding flag poles and attached flag poles must not be located within 6 ~ feet of the potential full grown height and circumference of any tree or any other plant. d. Only one freestanding flag pole or attached flag pole will be allowed at a time in front of or on the front of the building structure. B. The American Flag must be displayed in accordance with the Federal Flag Code (P.L ; 90 Stat. 810; 4 United States Code Sections 4 through 10). The Federal Flag Code contains a number of requirements including, but not limited to, the following: 1. The flag should never touch anything beneath it; 2. The flag should never be used as a drapery; 3. The flag should never be fastened, displayed or used in such a manner as to permit it to be easily torn, soiled, or damaged in any way;

4 4. If the flag is no longer in a condition fitting an emblem for display it should be destroyed in a dignified way, preferably by burning; and 5. The flag may only be displayed from sunrise to sunset unless properly illuminated during the hours of darkness. 4. Supplement to Law. The provisions of this Resolution shall be in addition to and in supplement of the terms and provisions of the Declaration and the law of the State of Arizona governing the Properties. 5. Deviations. The Architectural Review Committee may deviate from the policy and procedure set forth in this Resolution if in its sale discretion such deviation is reasonable under the circumstances. 6. Amendment. This policy and procedure may be amended from time to time by the Architectural Review Committee.

5 PRESIDENT'S CERTIFICATION: The undersigned, being the President of The Pueblo Estrella at Rita Ranch Homeowners Association, a Arizona nonprofit corporation, certifies that the foregoing Resolution was adopted by the Board of Directors of the Association, at a duly called and held meeting of the Board of Directors on November 10, 2009 and in witness thereof, the undersigned has subscribed his/her name. THE PUEBLO ESTRELLA AT RITA RANCH HOMEOWNERS ASSOCIATION, an Arizona nonprofit corporation