What SB1378 Means for Homeowners
If you live in a homeowners’ association (HOA) community in Arizona, you may be asking:
Can my HOA tell me I can’t put a political sign in my yard?
The answer is more nuanced than many homeowners realize. While HOAs have authority to regulate property appearance, Arizona law — including Senate Bill 1378 (SB1378) — protects your right to display political signs during election periods.
Here’s what every Arizona homeowner should understand.
Do HOAs Override My First Amendment Rights?
Many people assume the First Amendment automatically protects their right to display political signs on their property. However, the First Amendment restricts government action — not private HOAs.
Because HOAs are private associations governed by Covenants, Conditions, and Restrictions (CC&Rs), they can regulate aspects of your property. But in Arizona, state law places clear limits on how far those restrictions can go — especially when it comes to political speech.
Arizona Law Protecting Political Signs
Arizona Revised Statutes:
- ARS § 33-1808 (Planned Communities)
- ARS § 33-1261 (Condominiums)
These statutes prohibit HOAs from banning political signs during specific election windows.
Under Arizona law:
- HOAs cannot prohibit the indoor or outdoor display of political signs on a member’s property.
- Signs are protected beginning 71 days before a primary election.
- Signs are protected beginning 71 days before a general election.
- Signs may remain posted until 15 days after the election.
- Signs must be placed on the homeowner’s property (not common areas).
In most cases, political signs may not exceed 9 square feet, though associations may adopt reasonable, neutral size restrictions consistent with the statute.
How SB1378 Strengthened Homeowner Protections
Arizona Senate Bill 1378 (SB1378) reinforced and clarified political sign protections in HOA communities.
SB1378 ensures that:
- HOAs cannot enforce blanket bans on political signs during protected periods.
- Restrictions must be reasonable and content-neutral.
- HOAs may not selectively enforce rules based on viewpoint.
- Signs supporting candidates, ballot measures, or political parties are protected.
This legislation prevents associations from using aesthetic rules as a backdoor method to suppress lawful political expression.
In short, while HOAs can regulate community standards, they cannot silence homeowners during election season.
What Restrictions Can an HOA Still Enforce?
Even during protected election periods, HOAs may regulate:
- The number of signs
- The size of signs
- The manner of display
- Legitimate safety concerns (such as obstructing traffic visibility)
However, these rules must be applied consistently and cannot conflict with Arizona statutory protections.
Outside of the 71-day pre-election window, an HOA may have broader authority to restrict signage.
Timing matters.
What If My HOA Is Threatening Fines?
If your HOA sends a violation notice or imposes fines for a political sign, consider the following:
- Review your CC&Rs.
- Confirm the election timeline.
- Verify the sign’s size and placement.
- Determine whether enforcement is consistent and content-neutral.
If the HOA is acting outside the authority granted by Arizona law or SB1378, you may have grounds to challenge the action.
HOA disputes can escalate quickly — particularly if fines accumulate or legal action is threatened.
Legal Help for HOA Disputes in Arizona
Political expression is important. So is protecting your property rights.
Rideout Law Group represents clients in civil disputes and HOA-related conflicts throughout Arizona . With offices in both Maricopa and Mohave Counties, our team understands how to analyze HOA governing documents, enforce statutory protections, and advocate for homeowners.
Scottsdale Office
11111 N Scottsdale Rd, Suite 225
Scottsdale, AZ 85254
(480) 584-3328
Lake Havasu City Office
2800 Sweetwater Ave, Suite A104
Lake Havasu City, AZ 86406
(928) 854-8181
The Bottom Line
Your HOA has authority — but it is not unlimited.
Arizona law, including SB1378, protects your right to display political signs during election periods. If your association is overstepping its legal boundaries, understanding your rights is the first step toward protecting them.
If you’re facing an HOA dispute in Scottsdale, Lake Havasu City, or anywhere in Arizona, experienced legal guidance can help you move forward with clarity and confidence.
📍 Scottsdale Office: (480) 584-3328
📍 Lake Havasu Office: (928) 854-8181
This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal guidance specific to your situation, please contact a licensed attorney at Rideout Law Group.