‘Tis the Season…..for Political Signs

It’s too early for Jingle Bells, but as we approach the general election in November, it is a good time for planned community association directors and managers to review the law concerning the display of political signs.  The Legislature enacted this law in 2004, and it is now found in A.R.S. Section 33-1808(C), in the same statute that restricts the ability of planned community associations to regulate flags, for sale signs and political petitions.  There is no similar restriction on the ability of condominium associations to regulate political signs.

Under the statute, a “political sign” means a sign 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.  That definition covers most signs that we would think of as political.

Must allow political sign(s).  “Notwithstanding any provision in the community documents” a planned community association shall not prohibit the indoor or outdoor display of a political sign on a member’s property. 

Size and number.  An association may regulate the size and number of political signs that may be placed on the member’s property.  However, that regulation cannot be “more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property.”  Therefore, if your city permits 5 political signs each 5 feet by 5 feet on residential property, the association’s regulation may not say “only 2 signs 3 feet by 3 feet” on a lot.  According to the statute, if the city or town has no regulation on residential political signs, the association “shall permit” at least one political sign with the maximum dimensions of 24 inches by 24 inches on a member’s property.  Note that the statute only refers to the member’s property, not common area.

Timing.  An association may prohibit the display of political signs earlier than 45 days before an election and later than 7 days after an election day.  Please note that the statute does not refer to city or town ordinances in this instance. 

Documents not made any better.  As with most of the regulatory association laws passed by the Legislature, this political sign statute does not make an association’s documents any better than they already are.  What does that mean?  If the CC&Rs have no restrictions on signs generally or political signs specifically and there are no rules in the association about signs or political signs, and/or the association board has no power to adopt such rules, the association cannot regulate them at all.  The statute gives the association no new powers.

If you have any questions about political signs, please contact James Hazlewood or another attorney in the office.