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Chapter 0243 - 572R - S Ver of SB1808
Senate Engrossed
homeowners'
associations; allied countries' flags
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 243
SENATE BILL 1808
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.
1. Section
33-1261, Arizona Revised Statutes, is amended to read:
START_STATUTE
33-1261.
Flag display; for sale, rent or lease signs; political signs;
political and community activities; applicability; definitions
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 uniformed services of the United States by a unit owner on that
unit owner's property if the American flag or a uniformed services 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.
6. A first responder flag.� A first responder flag
may incorporate the design of one or two other first responder flags to form a
combined flag.
7. A blue star service flag or a gold star service
flag.
8. Any historic version of the American flag,
including the Betsy Ross flag, without regard to how the stars and stripes are
arranged on the flag.
9. A flag from a nation that is
allied with the United States
as a major non-NATO ally
and that was ESTABLISHED on May 14, 1948.
B. The association shall adopt reasonable rules and
regulations regarding the placement and manner of display of the flags
prescribed by subsection A of this section. The association rules
may regulate the location and size of flagpoles but shall not prohibit
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 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 circulating 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 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.
3. Prohibit a person who is not accompanied by a
unit owner or resident of the condominium from entering the condominium
premises if the condominium restricts vehicular or pedestrian access.
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.
F. An association 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. Notwithstanding any provision in the condominium
documents, an association may not prohibit or unreasonably restrict the indoor
or outdoor display of an association-specific 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 adopt reasonable rules regarding the placement, location and manner of
display of association-specific political signs, except an association shall
not do any of the following:
1. Prohibit the display of association-specific
political signs between the date that the association provides written or
absentee ballots to unit owners and three days after the condominium election.
2. Limit the number of association-specific
political signs, except that the association may limit the aggregate total
dimensions of all association-specific political signs on a unit owner's
property to not more than nine square feet.
3. Require association-specific political signs to
be commercially produced or professionally manufactured or prohibit using both
sides of the sign.
4. Regulate the number of candidates supported or
opposed, the number of board members supported or opposed in a recall or the
number of ballot measures supported or opposed on an association-specific
political sign.
5. Make any other regulations regarding the content
of an association-specific political sign, except that the association
may prohibit using profanity and discriminatory text, images or content based
on race, color, religion, sex, familial status or national origin as prescribed
by federal or state fair housing laws.
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 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 assemble to discuss matters related to the
condominium, 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 matters.� A unit owner
may invite one political candidate or one non-unit owner guest to speak
to an assembly of unit owners about matters related to the
condominium. The association shall not prohibit a unit owner from
posting notices regarding those assemblies of unit owners on bulletin boards
located on the common elements or within common element facilities.� An
assembly of unit owners prescribed by this subsection does not constitute an
official unit owners' meeting unless the meeting is noticed and convened as
prescribed in the condominium documents and this chapter.
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 after the date of the violation.
K. This section does not apply to timeshare plans or
associations that are subject to chapter 20 of this title.
L. 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 after the date of the violation.
M. For the purposes of this section:
1. "Association-specific political
sign" means a sign that supports or opposes a candidate for the board of
directors, the recall of a board member or a condominium ballot measure that
requires a vote of the association unit owners.
2. "Betsy Ross flag" means a historic flag
of the United States that consists of thirteen stripes alternating between red
and white stripes and thirteen five-pointed white stars arranged in a circle
against a blue background.
3. "First
responder flag" means a flag that recognizes and honors the services of
any of the following:
(a) Law enforcement
and that is limited to the colors blue, black and white, the words "law
enforcement", "police", "officers", "first
responder", "honor our", "support our" and "department"
and the symbol of a generic police shield in a crest or star shape.
(b) Fire departments and that is limited to the
colors red, gold, black and white, the words "fire",
"fighters", "F", "D", "FD", "first
responder", "department", "honor our" and
"support our" and the symbol of a generic Maltese Cross.
(c) Paramedics or emergency medical technicians and
that is limited to the colors blue, black and white, the words "first
responder", "paramedic", "emergency medical",
"service", "technician", "honor our" and
"support our" and the symbol of a generic star of life.
4. "Political sign" means a sign or flag
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.
END_STATUTE
Sec.
2.
2. Section
33-1808, Arizona Revised Statutes, is amended to read:
START_STATUTE
33-1808.
Flag display; political signs; caution signs; for sale, rent or
lease signs; political and community activities; definitions
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 uniformed services of the United States by an association member on
that member's property if the American flag or a uniformed services 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.
6. A first responder flag.� A first responder flag
may incorporate the design of one or two other first responder flags to form a
combined flag.
7. A blue star service flag or a gold star service
flag.
8. Any historic version of the American flag,
including the Betsy Ross flag, without regard to how the stars and stripes are
arranged on the flag.
9. A flag
from a nation that is allied with the United States
as
a major non-NATO ally and that was ESTABLISHED on May 14, 1948.
B. The association shall adopt reasonable rules and
regulations regarding the placement and manner of display of the flags
prescribed by subsection A of this section. The association rules:
1. May regulate the location and size of flagpoles.
2. May limit the member to two wall-mounted
flagpole holders.
3. May limit the member to displaying not more than
two flags at once.
4. May limit the height of the flagpole to not more
than the height of the rooftop of the member's home.
5. Shall not prohibit 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.
D. An association 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 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 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 circulating 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 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.
3. Prohibit a person who is not accompanied by a
member or resident of the planned community from entering the planned community
if the planned community restricts vehicular or pedestrian access.
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. Notwithstanding any provision in the community
documents, an association may not prohibit or unreasonably restrict the indoor
or outdoor display of an association-specific political sign by a member
by placement of a sign on that member's property.� An association may adopt
reasonable rules regarding the placement, location and manner of display of
association-specific political signs, except an association shall not do
any of the following:
1. Prohibit the display of association-specific
political signs between the date that the association provides written or
absentee ballots to members and three days after the planned community
election.
2. Limit the number of association-specific
political signs, except that the association may limit the aggregate total
dimensions of all association-specific political signs on a member's
property to not more than nine square feet.
3. Require association-specific political signs to
be commercially produced or professionally manufactured or prohibit using both
sides of the sign.
4. Regulate the number of candidates supported or
opposed, the number of board members supported or opposed in a recall or the
number of ballot measures supported or opposed on an association-specific
political sign.
5. Make any other regulations regarding the content
of an association-specific political sign except that the association may
prohibit using profanity and discriminatory text, images or content based on
race, color, religion, sex, familial status or national origin as prescribed by
federal or state fair housing laws.
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 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 assemble to discuss matters
related to the planned community, 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
matters. A member may invite one political candidate or one
non-member guest to speak to an assembly of members about matters related to
the community.� The association shall not prohibit a member from posting
notices regarding those assemblies of members on bulletin boards located on the
common areas or within common area facilities.� An assembly of members
prescribed by this subsection does not constitute an official members' meeting
unless the meeting is noticed and convened as prescribed in the community
documents and this chapter.
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 after the date of the violation.
N. For the purposes of this section:
1. "Association-specific political
sign" means a sign that supports or opposes a candidate for the board of
directors, the recall of a board member or a planned community ballot measure
that requires a vote of the association members.
2. "Betsy Ross flag" means a historic flag
of the United States that consists of thirteen stripes alternating between red
and white stripes and thirteen five-pointed white stars arranged in a
circle against a blue background.
3. "First responder flag" means a flag
that recognizes and honors the services of any of the following:
(a) Law enforcement and that is limited to the
colors blue, black and white, the words "law enforcement",
"police", "officers", "first responder",
"honor our", "support our" and "department" and
the symbol of a generic police shield in a crest or star shape.
(b) Fire departments and that is limited to the
colors red, gold, black and white, the words "fire",
"fighters", "F", "D", "FD", "first
responder", "department", "honor our" and
"support our" and the symbol of a generic Maltese Cross.
(c) Paramedics or emergency medical technicians and
that is limited to the colors blue, black and white, the words "first
responder", "paramedic", "emergency medical",
"service", "technician", "honor our" and
"support our" and the symbol of a generic star of life.
4. "Political sign" means a sign or flag
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.
END_STATUTE
APPROVED BY THE GOVERNOR JUNE 22, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 22, 2026.