Category: Election

HOA and Political Signs

Recently, a complaint was brought to the attention of the Board of Directors regarding the display of signs within the community that were characterized as “political.” This raised the question of whether our governing documents restrict the display of such signs.

The Short Answer

Yes—but the longer answer is more nuanced. It involves Arizona state law, considerations of free expression, and the Association’s governing documents. While the First Amendment protects free speech from government restriction, it generally does not apply to private homeowners’ associations. However, state law provides specific protections regarding political signage. These are explained in greater detail below.

The Board’s Position

After review, the Board acting as a committee of the whole on this enforcement matter, determined that, notwithstanding Arizona Revised Statute (A.R.S.) §33-1808, the signs in question do not meet the legal definition of a “political sign” as outlined in subsection N(4) of the statute.

Accordingly, the Association retains the authority to regulate or restrict such signage under Section 9.06 of the CC&Rs, adopted in July 1993.

The signs at issue were of modest in size, subdued in appearance, and placed on private property (e.g., on side yard gates or near front doors), several feet from the street. They were not obtrusive in placement, nor do they contain inherently offensive content. Perceptions of offense are subjective and may vary by individual.

The Board has decided that no further action would be taken.

The Long Answer

Political Signs Under Arizona Law (A.R.S. §33-1808)

Arizona law limits the extent to which homeowners’ associations may regulate political signs.

Definition As Specifically Relating to Political Signs:

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 as follows:

(1) Earlier than seventy-one days before the day of a primary election.
(2) Later than fifteen days after the day of the general election.
(3) For a sign for a candidate in a primary election who does not advance to the general election, later than fifteen days after the primary election.

For the purposes of this section of (A.R.S.) §33-1808 :
N(4).

A “Political sign” means a sign or flag 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.

• Key Provisions:
  Associations may not prohibit political signs on a member’s property, subject to certain limitations.  Signs may be restricted if displayed:

(1) Earlier than seventy-one days before the day of a primary election.
(2) Later than fifteen days after the day of the general election.
(3) For a sign for a candidate in a primary election who does not advance to the general election, later than fifteen days after the primary election.

• Additional Guidelines:
  • HOAs may limit the total size of political signs to 9 square feet (unless local ordinances allow more [OV does not]).
  • Associations may regulate placement for safety and community standards.
  • HOAs cannot require signs to be professionally produced.

Eagles Bluff CC&Rs (Section 9.06 – Signs)

“No signs of any kind shall be displayed which are visible from neighboring property without prior approval of the Board or the Architectural Control Committee, except:

A. Signs required by legal proceedings; and
B. Signs used by the Developer or Declarant.”

Practical Guidelines for Residents

• When Can Political Signs Be Displayed?
  • Primary Election (July 21, 2026):
    • May 11, 2026 – Earliest display date
    • August 5, 2026 – Remove signs for unsuccessful primary candidates.
  • General Election (November 3, 2026):
    • November 18, 2026 – Remove all political signs.

•  Size and Quantity
  • The total combined area of all signs may not exceed nine (9) square feet.
  • No specific limit has been set on the number of signs, provided size limits are respected.

• Placement Rules
  Residents may place signs only within the boundaries of their property, subject to the following restrictions:
  
  • Signs may not be placed on HOA common areas or along property lines adjoining common areas without approval.
  • Signs may not cross or encroach upon neighboring property lines.
  • Signs may not obstruct pedestrian or vehicular traffic.