Yesterday, Governor Brewer signed HB 2345 into law. The bill stipulates that HOAs cannot prohibit or regulate temporary open house signs, a unit owners for sale sign, an owners agents for lease sign or open house hours for property that is for sale or lease. This bill is another win for REALTORS and private proeperty rights!

The Title 33, Chapters 9 and 16, Arizona Revised Statutes, outline the regulatory requirements for condominiums and single-family home Planned Communities, respectively.  Such Planned Communities are commonly referred to as homeowners’ associations (HOAs). 

Currently statute states that HOAs cannot prohibit the indoor or outdoor display of a for sale sign and a sign rider by a unit owner on that owner’s property.  However, statute stipulates that the for sale signs must conform to industry standard sign size, not to exceed 18” x 24” and industry standard sign rider size, not to exceed 6” x 24”.  HB 2345 would also prohibit an HOA from regulating or disallowing temporary open house signs and a unit owner’s for sale sign that conform to the industry standard size.

·          Stipulates that with respect to real estate for sale or lease in the condominium or planned community, an HOA cannot prohibit or regulate the following:

Ø        Temporary open house signs or a unit owner’s for sale sign.

Ø        An owner’s agent’s for lease sign, unless an HOA’s documents prohibit or restrict leasing of a unit.

Ø        Open house hours.

·          Allows the HOA to prohibit open house signs on common areas.

·          Prohibits the HOA from requiring particular open house, for sale and for lease signs or regulating these signs as long as they are not larger than industry standard size. 

·          States that the HOA cannot limit open house hours for real estate that is for sale or lease in the condominium or planned community, however, the HOA can prohibit an open house from being held before 8 am or after 6 pm.