Court of Appeals – HOA Cannot Prohibit “For Sale” Signs

  On September 3, 2013, the Arizona Court of Appeals ruled in Hawk v. PC Village Association that a CC&R prohibiting “for sale” signs in the community was unenforceable.


  The Arizona Legislature in 2009 passed A.R.S § 33-441 which rendered unenforceable any CC&R that prohibited “for sale” signs.

  The HOA argued that their CC&R’s were adopted prior to this 2009 legislation, and that this 2009 legislation was unconstitutional as a substantial impairment of contractual rights already existing under the CC&R’s.  The HOA also produced affidavits of numerous residents who opposed non-uniform multi-colored “for sale” signs as eyesores, and who wanted to enjoy their homes without viewing such signs.  None of these arguments were persuasive with the Court of Appeals.

  Therefore, unless the Supreme Court of Arizona on appeal rules in favor of the HOA, any restrictions in CC&R’s prohibiting “for sale” signs cannot be enforced by an HOA in Arizona.

Leave a Comment

You must be logged in to post a comment.