Flags & Signs
Arizona HOA Flag and Sign Display Laws: A.R.S. 33-1808
A.R.S. 33-1808 outlines rules for Arizona HOAs regarding displays of flags, political signs, cautionary children signs, real estate signs, and peaceful assembly rights.
What the law covers
Arizona statute A.R.S. 33-1808 limits a planned community association's ability to prohibit specific displays, signs, and community activities. It protects the outdoor display of designated flags, political signs, cautionary children signs, real estate signs, door-to-door political activity, recreational roadway activities, and peaceful assemblies of members.
Please note that an association's governing documents and later amendments may also apply where allowed by this statute.
Key requirements and limits
Under the statute, associations must allow specific displays subject to clear regulations:
- Flags: Associations cannot prohibit displays of the American flag, uniformed services flags, POW/MIA flag, Arizona state flag, Arizona Indian nations flag, Gadsden flag, first responder flags, blue/gold star service flags, historic American flags (including the Betsy Ross flag), or flags of major non-NATO allies established May 14, 1948. Associations may limit members to two wall-mounted holders, display of no more than two flags at once, and flagpoles up to rooftop height.
- Political Signs: Associations cannot prohibit political signs, but can restrict displays earlier than 71 days before a primary election, later than 15 days after a general election, or later than 15 days after a primary election for non-advancing candidates. If local municipal sign ordinances do not regulate size and number, total aggregate sign area cannot exceed nine square feet.
- Cautionary Signs: Signs regarding children are allowed if displayed in residential areas, not taller than three feet, professionally produced, displayed only when children are present within 50 feet, and removed within one hour after play ceases.
- Real Estate Signs: For sale, rent, or lease signs (up to 18 by 24 inches) and riders (up to 6 by 24 inches) cannot be prohibited or charged a fee. Open houses cannot be banned, though associations may prohibit open houses held before 8:00 a.m. or after 6:00 p.m.
- Association-Specific Political Signs: For board elections, recall, or ballot measures, signs are permitted from the date ballots are provided until three days after the election, with a maximum aggregate dimension of nine square feet.
Notice, hearing and deadlines
The statute specifies exact statutory timeframes and operational rules:
- Political sign removal: Must be removed no later than 15 days after the election.
- Cautionary signs: Must be removed within one hour after children stop playing.
- Open house hours: Associations may prohibit open houses before 8:00 a.m. or after 6:00 p.m.
- Lien Rights Forfeiture: An association or managing agent that violates subsection G (real estate sign protections) forfeits and extinguishes its lien rights under section 33-1807 against the property for six consecutive months following the violation.
Practical checklist for homeowners
- Read your governing documents and later amendments to understand specific association rules.
- Check local town, city, or county ordinances regarding political sign size and quantity limits.
- Keep copies of all notices, sign dimensions, and records of communication.
- Check the official statute text for updates.
Source
A.R.S. 33-1808, official text“The association shall not limit the number of political signs, except that the maximum aggregate total dimensions of all political signs on a member's property shall not exceed nine square feet.”
“Notwithstanding any provision in the community documents, an association shall not prohibit using cautionary signs regarding children if the signs are used and displayed as follows”
“An association or managing agent that violates subsection G of this section forfeits and extinguishes the lien rights authorized under section 33-1807 against that member's property for a period of six consecutive months after the date of the violation.”
Frequently asked questions
Can an Arizona HOA prohibit flagpoles?
No. The association shall not prohibit installing a flagpole in the front yard or backyard of a member's property, though it may regulate location, flagpole height up to rooftop level, and limit a member to two wall-mounted flagpole holders.
When can political signs be displayed before an election?
An association may prohibit displaying political signs earlier than 71 days before the day of a primary election.
What happens if an HOA violates real estate sign rules?
If an association or managing agent violates subsection G regarding real estate signs, it forfeits and extinguishes its statutory lien rights under section 33-1807 against that member's property for six consecutive months.
What are the limits on cautionary children at play signs?
Cautionary signs must be in residential areas only, professionally manufactured, no taller than three feet, displayed only when children are present within 50 feet, and removed within one hour after children cease playing.
This page is general legal information, not legal advice, and Harrington Community is not a law firm. Statutes are amended over time and your association's governing documents may also apply. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.