In what will assuredly be a contentious election year, it is important for community associations to be knowledgeable and cognizant of relevant statutes regarding political signage/activities. ARS Sections 33-1261 (Condominiums) / 33-1808 (Planned Communities) severely limit a community association’s power to restrict/prohibit political activities, including:
• Associations shall not prohibit the indoor or outdoor display of a political sign by an association member on that member’s property (in a Condominium, this includes the limited common elements, except the roof), except that an association may prohibit the display of political signs earlier than seventy-one days before the day of an election and later than three days after an election day, and may also enforce certain size/number regulations
• Associations shall not require political signs to be commercially produced, prohibit the utilization of both sides of the sign and/or restrict the number of candidates supported
• Associations shall not prohibit door-to-door political activity, including solicitation for candidates/issues, circulation of petitions, etc. (except that the Association may restrict such activity from sunrise to sunset and may require prominent identification)
Regardless of the personal feelings/affiliations of the Board, it is also vitally important that enforcement of any/all political statutes be exercised in an equal and uniform manner. By familiarizing yourself with applicable statutes and enforcing them in a fair and consistent manner, the Board can help to foster a respectful community environment during the upcoming election year.
