Expressing yourself politically has been a core aspect of American democracy ever since this nation’s inception. There’s nothing inherently wrong with publicly declaring support for a political candidate or movement. Ultimately, it’s your property, and you can display what you wish, provided you are within the parameters set forth by your HOA. You may wonder, “Can an HOA ban political signs or flags in Arizona?” Ultimately, it depends on the situation.
As you struggle against an HOA in a situation like this, you may want to consider hiring an HOA attorney who can explain your rights. An HOA case can easily become personal, petty, and a bit vindictive, depending on the situation. You want to make sure you’re not violating the Arizona HOA laws by displaying a political sign or flag on your property. Harper Hall PLC has almost three decades of experience working with clients across Arizona, which we can bring to your case.
Can an HOA Ban Political Signs or Flags in Arizona?
Essentially, no. An HOA cannot completely ban you from displaying political signs or flags on your own property. State law, through the Arizona Planned Communities Act, guarantees homeowners the right to display signs and flags, though HOAs are allowed to enforce reasonable restrictions regarding size, number, and placement. HOAs number over 3,000 in Arizona, with 84% of community residents saying that they consistently vote in state and local elections.
If your HOA pushes back on you displaying a political sign or flags that they disagree with, you reserve the right to challenge that declaration. It’s always important to know what your rights are when going up against your HOA in a disagreement. You may want to hire an HOA lawyer to handle your situation and provide you with consistent legal advice. Here are some significant state protections for political signs and flags in Arizona:
- Campaign season rules. Homeowners have the legal right to display any political campaign signs on their property, starting at least 71 days before a primary election and up to 15 days before the start of a general election.
- Flags. Flags supporting candidates or attempting to influence an election outcome are considered political signs. They are protected under the same guidelines. This includes displaying the American flag, the Arizona state flag, an Arizona Indian Nations flag, and a first responder flag, among others.
- Prior support. You can display a political sign concerning any candidate that you support or oppose, including anyone who is not actually on the official ballot come Election Day. Ultimately, it’s your property, and it’s your right to display what you want, so long as that display is protected under Arizona state law, which supersedes HOA rules and regulations.
What Can an HOA Do and Not Do?
While an HOA is not legally allowed to ban you from displaying political signs or hanging flags, they do have specific limitation powers that they can use to make sure your display doesn’t interfere with the community in their eyes:
- Size and number limits. If your county or municipality regulates residential signs, then the HOA can use those exact rules. However, if your county or municipality does not regulate residential signs, then the HOA can limit the total dimensions of your political sign display to a maximum of nine square feet.
- Placement restrictions. While you are legally allowed to display any political sign or flag on your property, your HOA can enforce rules on where exactly signs and flags can be placed. They can’t prohibit them from being put up entirely, but if they prohibit them from being placed in a certain area, such as on your front yard or blocking the mailbox, then you may have to follow that rule.
- Common areas. HOAs have total control over their community common areas, along with any other community property that’s actually owned by the HOA. They are allowed to prohibit political signs and flags entirely in those spaces.
FAQs
What Are the HOA Rules for Political Signs in Arizona?
Under Arizona state law, HOAs do not have the authority to prohibit residents from displaying political signs or flags on their own property. They can set reasonable restrictions on size, the number of signs, and how long you can display them for. HOAs must allow residents to display signs during a primary or general election, but signs for candidates who do not advance must be removed within 15 days of the primary.
Does the HOA Treat Window Signs Differently From Yard Signs?
That really depends on your specific HOA and what its regulations state. Some communities may regulate yard signs more than window signs. HOAs may still impose reasonable rules on the size, number of signs, placement location, illumination, visibility, and attachment methods. Window signs have statewide protection as well. The HOA board needs to clearly state what residents are allowed to do with political signs.
If an HOA Restricts Political Signs, Does That Violate the First Amendment?
Generally, no, it does not. The First Amendment restricts government actions and protects individuals’ civil right to free speech. However, it may not have the same legal effect on a private association’s own regulations. Since HOAs are private communities that residents agree to join when they purchase property in that neighborhood, homeowners agree to the HOA rules. If you feel like the HOA is overstepping, you should hire an HOA lawyer to go over your options.
Should I Hire an HOA Lawyer for a Political Sign Disagreement?
Yes, you should hire an HOA lawyer for a political sign disagreement. It comes down to whether your HOA is violating your rights or overstepping their authority, regardless of the situation. An overzealous HOA can make you feel powerless if you let them. By speaking with an experienced lawyer and finding out exactly how you can challenge an HOA’s authority, you can make your situation much easier.
Hire an HOA Lawyer Today
The last thing you want is for an HOA to force you to do something that’s outside their authority to approach. The state gives you the right to display political signs and flags within reason. At Harper Hall PLC, we can develop your case and seek accountability against an overstepping HOA. Contact us to speak with a member of our team.
