Bill Text: AZ HB2158 | 2022 | Fifty-fifth Legislature 2nd Regular | Introduced
Bill Title: Homeowners' associations; political; community activity
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-04-13 - Chapter 125 [HB2158 Detail]
Download: Arizona-2022-HB2158-Introduced.html
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REFERENCE TITLE: homeowners' associations; political; community activity |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2158 |
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Introduced by Representative Kavanagh
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AN ACT
amending sections 33-1261 and 33-1808, Arizona Revised Statutes; relating to condominiums and planned communities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1261, Arizona Revised Statutes, is amended to read:
33-1261. Flag display; for sale, rent or lease signs; political signs; political and community activities; applicability; definition
A. Notwithstanding any provision in the condominium documents, an association shall not prohibit the outdoor display of any of the following:
1. The American flag or an official or replica of a flag of the United States army, navy, air force, marine corps or coast guard by a unit owner on that unit owner's property if the American flag or military flag is displayed in a manner consistent with the federal flag code (P.L. 94-344; 90 Stat. 810; 4 United States Code sections 4 through 10).
2. The POW/MIA flag.
3. The Arizona state flag.
4. An Arizona Indian nations flag.
5. The Gadsden flag.
B. The association shall adopt reasonable rules and regulations regarding the placement and manner of display of the American flag, the military flag, the POW/MIA flag, the Arizona state flag or an Arizona Indian nations flag. The association rules may regulate the location and size of flagpoles but shall not prohibit the installation of installing a flagpole.
C. Notwithstanding any provision in the condominium documents, an association shall not prohibit or charge a fee for the use of, the placement of or the indoor or outdoor display of a for sale, for rent or for lease sign and a sign rider by a unit owner on that owner's property in any combination, including a sign that indicates the unit owner is offering the property for sale by owner. The size of a sign offering a property for sale, for rent or for lease shall be in conformance with the industry standard size sign, which shall not exceed eighteen by twenty-four inches, and the industry standard size sign rider, which shall not exceed six by twenty-four inches. This subsection applies only to a commercially produced sign and an association may prohibit the use of using signs that are not commercially produced. With respect to real estate for sale, for rent or for lease in the condominium, an association shall not prohibit in any way other than as is specifically authorized by this section or otherwise regulate any of the following:
1. Temporary open house signs or a unit owner's for sale sign. The association shall not require the use of particular signs indicating an open house or real property for sale and may not further regulate the use of temporary open house or for sale signs that are industry standard size and that are owned or used by the seller or the seller's agent.
2. Open house hours. The association may not limit the hours for an open house for real estate that is for sale in the condominium, except that the association may prohibit an open house being held before 8:00 a.m. or after 6:00 p.m. and may prohibit open house signs on the common elements of the condominium.
3. An owner's or an owner's agent's for rent or for lease sign unless an association's documents prohibit or restrict leasing of a unit or units. An association shall not further regulate a for rent or for lease sign or require the use of a particular for rent or for lease sign other than the for rent or for lease sign shall not be any larger than the industry standard size sign of eighteen by twenty-four inches and on or in the unit owner's property. If rental or leasing of a unit is allowed, the association may prohibit an open house for rental or leasing being held before 8:00 a.m. or after 6:00 p.m.
D. Notwithstanding any provision in the condominium documents, an association shall not prohibit door-to-door political activity, including solicitations of support or opposition regarding candidates or ballot issues, and shall not prohibit the circulation of circulating political or community petitions, including candidate nomination petitions or petitions in support of or opposition to an initiative, referendum or recall or other political or community issue on property normally open to visitors within the association, except that an association may do the following:
1. Restrict or prohibit door-to-door political activity regarding candidates or ballot issues from sunset to sunrise.
2. Require the prominent display of an identification tag for each person engaged in the activity, along with the prominent identification of the candidate or ballot issue that is the subject of the support or opposition.
E. Notwithstanding any provision in the condominium documents, an association shall not prohibit the indoor or outdoor display of a political sign by a unit owner by placement of a sign on that unit owner's property, including any limited common elements for that unit that are doors, walls or patios or other limited common elements that touch the unit, other than the roof. An association may prohibit the display of political signs as follows:
1. Earlier than seventy-one days before the day of a primary election.
2. Later than fifteen days after the day of the general election.
3. For a sign for a candidate in a primary election who does not advance to the general election, later than fifteen days after the primary election.
4. For a sign regarding a candidate for the board of directors or a condominium measure that requires a vote of the association membership, earlier than the date that the association provides written or absentee ballots to the unit owners and later than three days after the condominium election.
F. An association may RESTRICT the use of profanity or racial or sexual bias on political signs and may regulate the size and number of political signs that may be placed in the common element ground, on a unit owner's property or on a limited common element for that unit if the association's regulation is not more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property. If the city, town or county in which the property is located does not regulate the size and number of political signs on residential property, the association shall not limit the number of political signs, except that the maximum aggregate total dimensions of all political signs on a unit owner's property shall not exceed nine square feet. An association shall not make any regulations regarding the number of candidates supported, the number of public officers supported or opposed in a recall or the number of propositions supported or opposed on a political sign.
G. An association shall not require political signs to be commercially produced or professionally manufactured or prohibit the utilization of both sides of a political sign.
H. A condominium is not required to comply with subsection D of this section if the condominium restricts vehicular or pedestrian access to the condominium. This section does not require a condominium to make its common elements other than roadways and sidewalks that are normally open to visitors available for the circulation of political petitions to anyone who is not an owner or resident of the community.
I. NOTWITHSTANDING any provision in the condominium documents, an association may not prohibit or unreasonably restrict a unit owner's ability to peacefully assemble and use private or common elements of the CONDOMINIUM if done in compliance with reasonable RESTRICTIONS for the use of that property adopted by the board of DIRECTORS. An individual unit OWNER or group of unit owners may ORGANIZE to discuss or address CONDOMINIUM business, including board of director elections or recalls, potential or actual ballot issues or revisions to the CONDOMINIUM DOCUMENTS, PROPERTY maintenance or safety issues or any other CONDOMINIUM business or actions. A unit owner may invite one political candidate or one non-unit owner guest to speak to an ASSEMBLY of unit owners that has gathered to discuss CONDOMINIUM business. The association shall not RESTRICT posting notices of these INFORMAL unit owner meetings ON physical or electronic bulletin boards used by the association for posting notices for the association's or board of director's official meetings.
I. J. An association or managing agent that violates subsection C of this section forfeits and extinguishes the lien rights authorized under section 33-1256 against that unit for a period of six consecutive months from after the date of the violation.
J. K. This section does not apply to timeshare plans or associations that are subject to chapter 20 of this title.
K. L. For the purposes of this section, "political sign" means either of the following:
1. 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.
2. A sign regarding any activity to elect or remove a CONDOMINIUM director or in SUPPORT of or opposition to a measure that requires a vote of the association membership.
Sec. 2. Section 33-1808, Arizona Revised Statutes, is amended to read:
33-1808. Flag display; political signs; caution signs; for sale, rent or lease signs; political and community activities; definition
A. Notwithstanding any provision in the community documents, an association shall not prohibit the outdoor front yard or backyard display of any of the following:
1. The American flag or an official or replica of a flag of the United States army, navy, air force, marine corps or coast guard by an association member on that member's property if the American flag or military flag is displayed in a manner consistent with the federal flag code (P.L. 94-344; 90 Stat. 810; 4 United States Code sections 4 through 10).
2. The POW/MIA flag.
3. The Arizona state flag.
4. An Arizona Indian nations flag.
5. The Gadsden flag.
B. The association shall adopt reasonable rules and regulations regarding the placement and manner of display of the American flag, the military flag, the POW/MIA flag, the Arizona state flag or an Arizona Indian nations flag. The association rules may regulate the location and size of flagpoles, may limit the member to displaying not more than two flags at once and may limit the height of the flagpole to not more than the height of the rooftop of the member's home but shall not prohibit the installation of installing a flagpole in the front yard or backyard of the member's property.
C. Notwithstanding any provision in the community documents, an association shall not prohibit the indoor or outdoor display of a political sign by an association member on that member's property, except that an association may prohibit the display of political signs as follows:
1. Earlier than seventy-one days before the day of a primary election.
2. Later than fifteen days after the day of the general election.
3. For a sign for a candidate in a primary election who does not advance to the general election, later than fifteen days after the primary election.
4. For a sign regarding a candidate for the board of directors or a planned community measure that requires a vote of the association membership, earlier than the date that the association provides written or absentee ballots to the members and later than three days after the planned community election.
D. An association may RESTRICT the use of profanity or racial or sexual bias on political signs and may regulate the size and number of political signs that may be placed on a member's property if the association's regulation is not more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property. If the city, town or county in which the property is located does not regulate the size and number of political signs on residential property, the association shall not limit the number of political signs, except that the maximum aggregate total dimensions of all political signs on a member's property shall not exceed nine square feet.
E. Notwithstanding any provision in the community documents, an association shall not prohibit the use of using cautionary signs regarding children if the signs are used and displayed as follows:
1. The signs are displayed in residential areas only.
2. The signs are removed within one hour of children ceasing to play.
3. The signs are displayed only when children are actually present within fifty feet of the sign.
4. The temporary signs are not taller than three feet in height.
5. The signs are professionally manufactured or produced.
F. Notwithstanding any provision in the community documents, an association shall not prohibit children who reside in the planned community from engaging in recreational activity on residential roadways that are under the jurisdiction of the association and on which the posted speed limit is twenty-five miles per hour or less.
G. Notwithstanding any provision in the community documents, an association shall not prohibit or charge a fee for the use of, the placement of or the indoor or outdoor display of a for sale, for rent or for lease sign and a sign rider by an association member on that member's property in any combination, including a sign that indicates the member is offering the property for sale by owner. The size of a sign offering a property for sale, for rent or for lease shall be in conformance with the industry standard size sign, which shall not exceed eighteen by twenty-four inches, and the industry standard size sign rider, which shall not exceed six by twenty-four inches. This subsection applies only to a commercially produced sign, and an association may prohibit the use of using signs that are not commercially produced. With respect to real estate for sale, for rent or for lease in the planned community, an association shall not prohibit in any way other than as is specifically authorized by this section or otherwise regulate any of the following:
1. Temporary open house signs or a member's for sale sign. The association shall not require the use of particular signs indicating an open house or real property for sale and may not further regulate the use of temporary open house or for sale signs that are industry standard size and that are owned or used by the seller or the seller's agent.
2. Open house hours. The association may not limit the hours for an open house for real estate that is for sale in the planned community, except that the association may prohibit an open house being held before 8:00 a.m. or after 6:00 p.m. and may prohibit open house signs on the common areas of the planned community.
3. An owner's or an owner's agent's for rent or for lease sign unless an association's documents prohibit or restrict leasing of a member's property. An association shall not further regulate a for rent or for lease sign or require the use of a particular for rent or for lease sign other than the for rent or for lease sign shall not be any larger than the industry standard size sign of eighteen by twenty-four inches on or in the member's property. If rental or leasing of a member's property is not prohibited or restricted, the association may prohibit an open house for rental or leasing being held before 8:00 a.m. or after 6:00 p.m.
H. Notwithstanding any provision in the community documents, an association shall not prohibit door-to-door political activity, including solicitations of support or opposition regarding candidates or ballot issues, and shall not prohibit the circulation of circulating political or community petitions, including candidate nomination petitions or petitions in support of or opposition to an initiative, referendum or recall or other political or community issue on property normally open to visitors within the association, except that an association may do the following:
1. Restrict or prohibit the door-to-door political activity from sunset to sunrise.
2. Require the prominent display of an identification tag for each person engaged in the activity, along with the prominent identification of the candidate or ballot issue that is the subject of the support or opposition.
I. A planned community shall not make any regulations regarding the number of candidates supported, the number of public officers supported or opposed in a recall or the number of propositions supported or opposed on a political sign.
J. A planned community shall not require political signs to be commercially produced or professionally manufactured or prohibit the utilization of both sides of a political sign.
K. A planned community is not required to comply with subsection H of this section if the planned community restricts vehicular or pedestrian access to the planned community. This section does not require a planned community to make its common elements other than roadways and sidewalks that are normally open to visitors available for the circulation of political petitions to anyone who is not an owner or resident of the community.
L. NOTWITHSTANDING any provision in the community documents, an association may not prohibit or unreasonably restrict a member's ability to peacefully assemble and use private or common areas of the planned community if done in compliance with reasonable RESTRICTIONS for the use of that property adopted by the board of DIRECTORS. An individual member or group of members may ORGANIZE to discuss or address planned community business, including board elections or recalls, potential or actual ballot issues or revisions to the community DOCUMENTS, PROPERTY maintenance or safety issues or any other planned community business or actions. A member may invite one political candidate or one non-member guest to speak to an ASSEMBLY of members that has gathered to discuss community business. The association shall not RESTRICT posting notices of these INFORMAL member meetings ON physical or electronic bulletin boards used by the association for posting notices for the association's or board of director's official meetings.
L. M. An association or managing agent that violates subsection G of this section forfeits and extinguishes the lien rights authorized under section 33-1807 against that member's property for a period of six consecutive months from after the date of the violation.
M. N. For the purposes of this section, "political sign" means either of the following:
1. 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.
2. A sign regarding any activity to elect or remove a member of the board of directors or in SUPPORT of or opposition to a measure that requires a vote of the association membership.
