HOA Cannot Regulate “Open House” Signs

Question: We have a small brokerage firm in Queen Creek. On Sunday mornings one of our agents places an “open house” sign in the front yard of one of his listings if there will be an open house that afternoon. The HOA has objected to the placement on Sunday of “open house” signs in front yards, because the CC&Rs prohibit business activity in the community on Sundays. Can the HOA prohibit “open house” signs in the community?

Answer: No. Under Arizona law an HOA cannot regulate “for sale” signs or “open house” signs on the seller’s property, provided that the signs are commercially produced and are the industry standard size of 18 x 24 inches.

Note: Keep in mind that this relates only to the regulation of signs on the property itself, and not signs on the common areas. See this related article for more information.