Can Your Arizona HOA Ban Political Signs? Uncover the Law Behind Your Yard Rights
As election season approaches, political signs are popping up all around metro Phoenix. Street corners, front yards, and vacant lots are filled with messages trying to sway voters one way or another. But for those living in a homeowners association (HOA) or condominium owners association (COA), questions often arise about whether they can display political signs in their own yards—and what restrictions, if any, are in place.
In Arizona, nearly one-third of residents live in communities governed by an HOA or COA, which typically enforce a wide range of rules covering everything from landscaping to architectural guidelines. However, when it comes to political signage, state law provides certain protections for homeowners.
What Does Arizona Law Say About Political Signs in HOAs?
Under Arizona law, even if you live in a COA or HOA community, you have the legal right to display political campaign signs on your property. These protections apply specifically during the campaign season and limit the power of HOAs and COAs to restrict signage.
According to state law, HOAs and COAs cannot prohibit the indoor or outdoor display of political signs by an owner on their private property. However, this right is not unlimited in terms of time. The law allows homeowners to put up signs starting 71 days before a primary election and up to 15 days after a general election. So, for example, with the next Election Day on November 5, Arizona homeowners have the legal right to display their campaign signs well before and after that date.
It's important to note that while many Arizona cities and municipalities have ordinances that restrict political signage, these ordinances do not apply during the designated election season.
Are There Any Limits on Political Signs in HOAs?
While Arizona law gives homeowners substantial rights regarding political signage, there are a few exceptions and guidelines. For instance, signs cannot be placed in locations where they would pose a hazard to public safety, obstruct views, or interfere with accessibility under the Americans with Disabilities Act (ADA).
Additionally, the law allows HOAs and COAs to enforce some basic restrictions, including:
· Commercial Production: HOAs cannot require political signs to be commercially produced. Homeowners are free to display hand-made signs if they choose.
· Sign Content: There is no regulation on the number of candidates or issues a sign can support or oppose. Homeowners are free to advocate for multiple candidates or issues on the same sign.
What About Political Canvassing?
Similar to the laws governing political signage, Arizona law also protects door-to-door political canvassing during election season. Whether it's a candidate seeking support, a campaign initiative, or a referendum, HOAs and COAs cannot prohibit political canvassing activities. As long as the canvassing occurs in areas of the property that are normally open to visitors, political canvassers are legally allowed to knock on doors, even in gated communities.
Key Takeaways
For Arizona residents living in HOA or COA communities, it's crucial to understand your rights during election season. Arizona law is clear: you have the right to display political signs on your property and allow political canvassers into your neighborhood. While HOAs can impose limited restrictions for safety or other concerns, they cannot broadly prohibit political activities during this time. So, feel free to make your voice heard and your political opinions known as you participate in this democratic process.
As election day approaches, knowing your rights will ensure you can express your views in the way you see fit, without overstepping the legal boundaries.
By understanding your rights and the limitations that HOAs can impose, you can confidently display your support for candidates and causes in the upcoming election without running afoul of your community's regulations.