HOAs Cannot Prohibit ‘For Sale’ Signs in Yard

Question: We purchased a new home in Fountain Hills six years ago. Four years ago, the developer transferred the enforcement of our covenants, conditions, and restrictions to the homeowners. Our HOA then amended our CC&Rs to prohibit ‘for sale’ signs in our subdivision. The HOA said that ‘for sale’ signs destroy property values, and that MLS is already available for the sale of a home. We want to sell our home, and our listing agent says that the law allows her to place a ‘for sale’ sign in our front yard despite the prohibition in our CC&Rs. Is our listing agent right?

Answer: Yes. Under A.R.S. § 33-1808(G), CC&Rs cannot prohibit ‘for sale’ signs. Similarly, under A.R.S. § 33-1808(C), CC&Rs cannot prohibit political signs and flags.

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