Can an HOA in Arizona Restrict Political Banners?

Question:

Can my HOA restrict the display of a banner [Make America Safe Again}?
I was told by the HOA that the banner is Political and to take it down.
My intentions are to show my concern , and love of our great country.
i believe in democracy and free speech

– Don

 

Answer:

Hi Don,

Under Arizona Revised Statutes Section 33-1808 for planned communities and Section 33-1261 for condominiums, homeowners have the right to display political signs, but HOAs can enforce reasonable restrictions on size, location, and display period. The law protects “political signs” related to elections or candidates, but it does not explicitly cover banners or messages that are not tied to a specific election.

If the HOA is treating your banner as a political sign, check whether its restrictions comply with state law. If your banner does not meet Arizona’s legal definition of a political sign, the HOA may have broader authority to regulate it under general signage or aesthetic rules in the governing documents.

Reviewing your CC&Rs and community rules will clarify whether the HOA is enforcing a valid restriction or overstepping its authority.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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