Condominium Associations Cannot Prohibit ‘For Sale’ Signs

Question: In a recent column you cited an Arizona statute that restricts an HOA from prohibiting “For Sale” signs on a homeowner’s property. We live in a beautiful condominium community in the Arcadia area. The CC&Rs for our HOA community prohibit “For Sale” signs. After we showed your column to our HOA property manager, she said that this Arizona statute only applies to homes and does not apply to condominiums. Is she correct?

Answer:  No. ARS § 33-1261 specifically restricts condominium HOAs from prohibiting “For Sale” signs.

Note: An amendment to the condominium CC&Rs generally requires the consent of at least 67% of the condominium owners. An amendment to the condominium CC&Rs, however, that restricts the use of a condominium, e.g. a restriction on the use of a condominium as a short-term rental, requires all condominium owners to consent. See ARS § 33-1227.

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