Association-specific political signs
Governor Ducey signed H.B. 2158 into law on April 13, 2022. This law will go into effect later this year after the current legislative session ends. H.B. 2158 affects Arizona’s condominiums and planned communities by adding a new subsection to A.R.S. §§ 33-1261 (for condos) and 33-1808 (for planned communities) that permits members to display association-specific political signs on the member’s property from the date an association provides its members written or absentee ballots for a specified election, until three days after the election. “Association-specific political signs” addresses signs that support/oppose a board candidate for an election (annual meeting or removal election) or a ballot measure that requires a membership vote. Associations cannot interfere with a member displaying an association-specific political sign other than to limit the total dimension of the member’s signs to no more than nine square feet and to prohibit the use of profanity and discriminatory text, images, or content based on race, color, religion, sex, familial status, or national original as prescribed by federal or state fair housing law. Associations cannot require the signs be commercially produced, prohibit use of both sides of a sign, regulate the number of candidates or initiatives listed on the signs, or make any other rules and regulations except for those specifically permitted by statute.
New Subsections Pertaining to Condos, Planned Communities
H.B. 2158 also adds a new subsection to A.R.S. §§ 33-1261 (for condos) and 33-1808 (for planned communities) that permits members to peacefully assemble and use the association’s common facilities, both indoor and outdoor, if done in compliance with reasonable rules established by the board of directors for use of the property. Members may assemble for purposes of discussing association business, and any member may invite one political candidate or one non-member guest to speak at an assembly of members about matters related to the community. Associations must also allow members to post notice of their assemblies on bulletin boards located on or within other parts of the common facilities.
The full text of the amendments are available here: House Bill 2158 (PDF, 56kb)
The information contained in this article is not intended to be legal advice and is provided for educational purposes only.
