Are HOA Residents Entitled to Free Speech?

HOA Law

Governor Ducey approved HB2158 on April 13, 2022. Sponsored by Representative Kavanagh of Fountain Hills, the bill limits prohibitions Homeowner Associations (HOA) may enforce in relation to speech involving the HOA. The bill becomes effective 91 days after the legislative session adjourns and will be codified under the Arizona Revised Statutes §§ 33-1261 and 1808.

Recently, there have been concerns raised by Arizona residents that some HOAs have threatened to penalize them for making negative comments about not only the HOA itself but also its Board members. For example, one HOA has threatened to revoke its residents privileges to common areas of the community if they continue to post comments that are critical to its HOA and its Board members on social media. This incident exemplifies why proponents of the bill argued that it is needed to protect the rights of residents who decide to speak out against it.

 The bill has three significant aspects that is designed to curtail oppressive practices in relation to resident’s speech. First, it prohibits HOAs from unreasonably restricting the display of association-specific political signs. Second, it mandates HOAs to allow residents to organize or address HOA business even in informal meetings. Third, it also disallows HOAs from prohibiting or unreasonably restricting “a member’s ability to peacefully assemble and use private or common elements of the community if done in compliance with reasonable restrictions.”

While the bill leaves room for HOA’s to enforce reasonable rules in the way residents speak out against the HOA or assemble, it is clear that the bill memorializes a sentiment that residents should not be oppressed or feel threatened because they have decided to make their critical views of their HOA public. Residents can file suit against an HOA that continues these oppressive practices when the bill becomes law.