Arizona Home Sellers – Changes in Sign Laws for Home Owners Associations and How They Impact You

I sit on the Board of Directors for the Sandpiper Home Owner’s Association here in Scottsdale, and receive up-to-date HOA information from a number of sources.  Yesterday, I received the following email from a local law firm (Ekmark & Ekmark), and since it covered the new sign and open house laws so well, I asked if I could share it verbatim.

If you live in a community governed by an Arizona Home Owner’s Association, you will want to know what your rights are as a home seller. 

For Sale Signs

            An association may not prohibit the indoor or outdoor display of a for sale sign and a sign rider by a unit owner on that owner’s property.  

            This applies to all properties subject to deed restrictions (A.R.S. § 33-441, created 2009), condominiums (A.R.S. § 33-1261, amended 2007) and planned communities (A.R.S. § 33-1808, amended 2007), including those that are access-restricted.  It does not apply to timeshare properties.

            These laws protect not only professional realtor signs but signs that indicate that the property is for sale by owner.  The laws also state that the size of the sign and sign rider shall be in conformance with industry standards.  The laws define industry standards as a sign that does not exceed 18 x 24 inches.  Likewise, the sign rider shall not exceed 6 x 24 inches.

            Also, planned communities (A.R.S. § 33-1808, amended 2010) and condominiums (A.R.S. § 33-1261, amended 2010) may not regulate for sale signs if they are not larger than industry standard size.  Associations may not require the use of particular signs indicating real property for sale and may not further regulate the use of for sale signs that are industry standard size and that are owned or used by the seller or the seller’s agent.  In other words, associations may not force owners to use pre-approved for sale signs or signs that are a particular color or design. 

Open House Signs and Open House Hours

            Arizona law protects open house signs and open house hours in condominiums (A.R.S. § 33-1261, amended 2010) and planned communities (A.R.S. § 33-1808, amended 2010), including those that are access-restricted. 

            Associations may not prohibit or otherwise regulate temporary open house signs if they are not larger than industry standard size.  Associations may not require the use of particular signs indicating an open house and may not further regulate the use of temporary open house signs that are industry standard size and that are owned or used by the seller or the seller’s agent.  In other words, associations cannot force owners to use pre-approved open house signs or signs that are a particular color or design.  It is important to note, however, that planned community and condominium associations may still prohibit open house signs on common areas or common elements. 

            Associations may not limit the hours for an open house for real estate that is for sale, except that the association may prohibit open house being held before 8:00 A.M. or after 6:00 P.M. 

For Lease Signs and Open Houses for Rental Properties

            Arizona law protects for lease signs and open house hours for rental properties in condominiums (A.R.S. § 33-1261, amended 2010) and planned communities (A.R.S. § 33-1808, amended 2010), including those that are access-restricted. 

            Associations may not prohibit or otherwise regulate an owner’s or an owner’s agent’s for lease sign unless an association’s documents prohibit or restrict leasing of a member’s property.  Moreover, Associations may not further regulate a for lease sign or require the use of a particular for lease sign other than the for lease sign shall not be any larger than the industry standard size sign of 18 X 24 inches on or in the member’s property. 

            If leasing of a member’s property is not prohibited or restricted under the association’s documents, the association may prohibit open house leasing being held before 8:00 A.M. or after 6:00 P.M. 

For a link to the actual text of the bill, click here: http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/laws/0041.htm

            If you have any questions about this new legislation, please contact us at 480-922-9292.

Thanks to Ekmark & Ekmark, L.L.C.  for giving me permission to share this timely info!