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HOA Board Election Signs

Another day, another issue. I’m running for our Board of Directors and created signs for my campaign to be placed in home owner’s yards. A candidate running for the board did the same thing last year (we didn’t meet quorum, but he was appointed to fill one of the vacancies). I’m now being told by our management company AND attorney that I am not allowed to have these signs in yards because I am not a “public officer.” I’ve tried explaining that per A.R.S. 33-1808(C) “”political sign” means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer,” and that had the intent of this law been to ONLY allow signs for public officers and elections, it would have been worded as such. The fact that is says “including” does not preclude non-public officers from placing AN ELECTION sign in yards. Is there any case precedence to help me?

1 Response

  1. dennisl

    Amy,

    You are actually correct. You have a fundamental right to freedom of speech and the right to post a sign for any candidate. Why would it make sense to allow signs in these communities for outside candidates but not allow signs for candidates within the same community. I had introduced legislation in the last two session to address this issue relative to the fundamental freedoms of speech and freedom to assemble. including community based signs for issues like elections or calls for actions or the removal of board members, in support or opposition to anything that the members need to vote on. It passed the Senate the first year and the House government committee but never made it to the flood because of the shortened session from COVID. The next year it was introduced in the House and passed without dissent and made it thru the Senate Government committee but was held from further consideration based on exaggerated lies from CAI relative to use of common facilities. I already have a revised approach prepared to try again next session, and have already run it by the Senate President for review.
    Your problem is even though the community manager and attorney are wrong (which they are for the most part of anything) they have the power to site you for violation of the associations no sign rules. While you can challenge them in court the cost of doing so is prohibitive. That is why i focus on trying to get laws that keep them from doing this in the first place.

    Dennis

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