After our email last week on the Hawk decision by the Court of Appeals prohibiting restrictions by HOAs on “For Sale” signs, we received numerous questions. The following is a sample of those questions along with our answers.
- Does this Hawk decision also apply to “for lease” signs?
A. Yes, the Hawk decision also applies to “for lease” signs. In Hawk v. PC Village Ass’n, Inc., the Court of Appeals of Arizona “conclude[d] that A.R.S. § 33-441 applied to the Pine Canyon CC&R’s and, by its terms, superseded [the CC&R’s] prohibition of ‘for rent’ and ‘for sale’ signs.” Hawk v. PC Village Ass’n, Inc., No. 1 CA-CV 12-0362, 2013 WL 4715358, at *3 (Ariz. Ct. App. Sept. 3, 2013) (emphasis added).
2. Do office condominium associations have the same protection as residential HOAs?
A. Probably. A.R.S. § 33-441(B) is not limited to residential properties.
3. Can the HOA dictate the color and design of “for sale” signs?
A. Probably not. Although the Hawk decision does not discuss the HOA’s ability to dictate the color and design of the “for sale” signs, the HOA is generally only permitted to regulate the size of the signs to industry standard size under A.R.S. § 33-441(A).
4. Can the homeowner place “for sale” signs in common areas or on public streets in the community?
A. Probably not. A.R.S. § 33-441 is limited to the homeowner’s “property.”
5. Do “open house” signs have the same protection from HOAs’ regulations as “for sale” or “for lease” signs?
A. Probably. In general, “open house” signs have the same protection. See A.R.S. § 33-1808(F)(1).