33-1261. Flag display; for sale signs;
political petitions; applicability
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.
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 a
flagpole.
C. Notwithstanding any provision in the condominium documents, an association shall
not prohibit the indoor or outdoor display of a for sale sign and a sign rider by a unit
owner on that owner's property, 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
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. With respect to real estate for sale or lease in
the condominium, an association shall not prohibit 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 lease sign unless an association's
documents prohibit or restrict leasing of a unit or units. An association shall not
further regulate a for lease sign or require the use of a particular for lease sign other
than the 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 leasing of a
unit is allowed, the association may prohibit open house 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 but may reasonably regulate the circulation of political petitions,
including candidate nomination petitions or petitions in support of or opposition to an
initiative, referendum or recall or other political issue on property dedicated to the
public within the association. A condominium is not required to comply with this
subsection if the condominium restricts vehicular or pedestrian access to the
condominium. Nothing in this subsection requires a condominium to make its common
elements available for the circulation of political petitions to anyone who is not an
owner or resident of the community.
E. This section does not apply to timeshare plans or associations that are subject
to chapter 20 of this title.
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