AZ allows members to post 3x3' signs 4 HOA elections

Who would of thought AZ would be leading the free speech bandwagon when it comes to HOAs?

their supreme court also ruled that HOA's can add more restrictions to previous CCR's. The court opined that a property owner can not be expected to adhere to new use restrictions or rules that are either materially changed or not authorized in the original CC&Rs.

HB 2158 (2022)
A few of the notable details about HB 2158:

Homeowners have the right to display HOA-specific political signs on their lots. And condominium associations must allow political signs to be posted or displayed on limited common elements, including doors, windows, or balconies.

HOAs cannot require that political signs be commercially printed. Sign displays must be allowed from the time ballots are distributed to three days after the election.

HOA rules cannot limit the number of candidates or issues addressed on each sign, but can limit the total area occupied by political signs on a single property to nine square feet.

HOA members must be permitted to assemble to meet board candidates, discuss potential important HOA-specific issues, which would include recalls, budget approvals, amendments to governing documents, building or community infrastructure health and safety issues. This is not an exclusive list.

Each homeowner has the right to invite one guest to speak at an assembly of members. When this right is exercised properly, it enables owners to invite HOA or public office candidates, current lawmakers, or other experts to speak about or educate owners on HOA-specific issues.

Kalway v.Calabria Ranch HOA LLC is the case- here's a link to a summary:

https://law.justia.com/cases/arizona/supreme-court/2022/cv-20-0152-pr.html#:~:text=The%20Supreme%20Court%20held%20that%20an%20HOA%

When I read this, it appears what the court actually said was the HOA can't rely ONLY on a general clause to make changes to those documents where the original declaration didn't provide notice to the homeowners that they might be subject to those changes. The homeowner who sued the HOA had argued the changes had been made without his consent or knowledge. That's not exactly a freedom of speech issue.

(Boy, where's AugustinD when you need him? He would have sliced and diced this case!)

And here's a summary of AZ house bill 2158: https://www.mulcahylawfirm.com/everything-you-need-to-know-about-hb2158/

This was signed into law in April and took effect July 1. It does allow homeowners to post association specific election signs (homemade or commercial), but the HOA can limit their total dimension to 3 x3 or 9 square feet and prohibit profanity and/discriminatory statements.

The HOA can't prohibit the homeowners from assembling peacefully on the common areas (indoors or outdoors) as long as it complies with the reasonable restrictions for use of the property. The HOA must also allow homeowners to post notices of these meetings on bulletin boards located on or within the association.

I imagine the next question would be what is reasonable. A day long rally in the parking lot? A rally in support of or against a board member who lives next to or to or across from the community playground? It'll be interesting to see how this unfolds.

I guess I'm an old fart but I wish there was one place left in this world where you could go to avoid the subject of politics. I'd die a happy man if I never saw another political sign.

ummm, yeah, that's because the freedom of speech issues is obviously about posting HOA political signs, not about changing CC&R's. anyone that read my post instead of just skimming it would realize that.

dont' assume that my comment about free speech applies to a CCR case when in the same post I talk about freedom of speech with signs it obviously applies to the latter and it's not hostile it's correct your assumption.

JohnC's example is a good one since abusive boards try to control and minimize all forms of communication (or speech) to maintain their power.

The first abusive board our owners threw out some years ago was so opposed to freedom of speech that it had elevators notice holds removed so that the Social Committee couldn't publicize its events in the most effective way, Why stifle social events? Because owners get together and talk about how to get rid of a rogue board. This lonely left a small residents' bulletin board in our mailroom, which the Soc. Comm. used. Its member also posted flyers in entrances from the garage levels to our elevators.

Those get togethers plus an active mailing campaign got a board minority elected of 3 or 7 for one year and complete control the next. Even with a minority, we got things done and nagged the bad directors to follow the law, etc. We also got the notice holders re-installed in the elevators.