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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
homeowners' associations; political; community activity
Purpose
Expands statutory restrictions on condominium unit owners' association and planned community association (HOA) regulation of political signs to include signs related to certain community activity. Prohibits an HOA from prohibiting door-to-door community activity.
Background
An HOA cannot prohibit the indoor or outdoor display of a political sign by an owner on their property, except if it is more than 71 days before an election or more than 3 days after an election. An HOA can regulate the size and number of political signs that can be placed on an owner's property, as long as the regulation is not more restrictive than any applicable city, town or county ordinance regulating political signs. If there is no municipal or county regulation of political signs, an HOA can only limit the aggregate total dimensions of all political signs on an owner's property to nine square feet. HOAs cannot require political signs to be commercially produced or regulate the number of candidates or issues supported or opposed on a political sign.
Additionally, HOAs cannot prohibit door-to-door political activity, including activity relating to candidates, initiatives, referendums or recall on property normally open to visitors within the HOA, with certain exceptions.
A political sign is a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or the circulation of a ballot measure petition (A.R.S. §§ 33-1261 and 33-1808).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits an HOA from prohibiting door-to-door community activity on property normally open to visitors within an HOA, including:
a) solicitations of support or opposition of candidates or ballot issues;
b) the circulation of community petitions for candidate nomination, initiative, referendum or recall; and
c) other community issues.
2. Prohibits an HOA from prohibiting or unreasonably restricting an owner's ability to peacefully assemble and use private or common elements of the community, if done in compliance with reasonable restrictions for the property adopted by the HOA's board of directors.
3. Allows an owner or group of owners to organize to discuss or address condominium or planned community business, including:
a) HOA board of directors elections or recalls;
b) potential or actual ballot issues or revisions to the HOA documents;
c) property management or safety issues; or
d) any other community business or action.
4. Allows an owner to invite a political candidate or other non-owner guest to speak to an assembly of owners.
5. Expands statutory restrictions on HOA regulation of political signs to include signs related to certain community activity.
6. Modifies the definition of political sign to include a sign regarding any activity to elect or remove HOA directors, circulate or oppose petitions for actions in the community or related to community ballot measures or other questions.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
House Action
GE 1/20/21 DP 13-0-0-0
3rd Read 2/4/21 59-0-0-0-1
Prepared by Senate Research
February 25, 2021
MH/HF/gs