The HOA Took My Political Sign from My Yard! Can They Do That?

Independence Hall -Home of Congress in 1776 Philadelphia

NO!!

WeMAR has Proposition 126 signs and handbills in stock. Next time you are in, ask for your yard sign and handouts.
Ballot Initiative Text (conformed copy) copy

I was recently in a conversation about this very subject, when one of the people speaking with me announced she had her Prop 126 sign taken from her yard by the HOA. They told her it was against HOA regulations to have political signs in front yards.

Well, Arizona law trumps HOA regulations. It is up to property owners to defend their free speech rights.

ARS: 33-1808, (C) – Law Book Revised 11.02.2017

C. Notwithstanding any provision in the community documents, an association shall not prohibit the indoor or outdoor display of a political sign by an association member on that member’s property, except that an association may prohibit the display of political signs earlier than seventy-one days before the day of an election and later than three days after an election day.

An association may regulate the size and number of political signs that may be placed on a member’s property if the association’s regulation is no more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property.

If the city, town or county in which the property is located does not regulate the size and number of political signs on residential property, the association shall not limit the number of political signs, except that the maximum aggregate total dimensions of all political signs on a member’s property shall not exceed nine square feet.

For the purposes of this subsection, “political sign” means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer.

In fact, ARS: 33-1808 also allows property owners in HOAs to have real estate signs in their yards and fly the American flag, U.S. military flag, POW/MIA flag, Arizona State flag, Arizona Indian nations flag, or the Gadsden flag.

You may read the entire Arizona Planned Communities Act: Planned_Communities_Act Nov 2017

You may read the entire ARS: 33-1808: Planned_Communities_Act political signs and flags nov 2017

Yet another reminder of how important our U.S. Constitution is. Given this is the week we celebrate the signing of the Constitution, I guess we should celebrate by exercising our freedoms.