Board Charging Owners Violation Fees for In-Ground For Sale Signs
Dennis,
You’ve helped me on this topic but wanted to post online for other owners wanting to understand ARS 33-1261 concerning real estate signs at our community. Our board just admitted to violating and charging fines to owners that staked a For Sale sign at their condo unit grounds. The owners paid the fines. Our units have some sort of grass or rocked area directly in front of our patio gates, driveways, sidewalks and even front windows. The board says b/c this is common area, our CCR’s and the state law say “no” to in-ground real estate signs. We are admonished to only put a sign in our window or on our gate or door. We want to mention this issue publicly at the coming Annual Meeting of Members appropriately, but want to verify we are right. How do owners that paid fines get reimbursed if the fines were wrong? Isn’t their a penalty of sorts to the Association if they don’t allow owners to stake real estate signs at their property in common?
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The association has no authority to violate the law. Request the board to remove the fines and refund the homeowners or you will be forced to file a petition to ADRE for force the association to comply with the law and refund all illegal fines, they will then have to pay for your filing fees as well.
There is a bill introduced this year which will also require the association to pay the homeowner $1,000 for the first offense and $2,000 for each subsequent offense of enforcing violations in direct violation of the law.
Dennis