Tucson, AZ asked in Real Estate Law for Arizona

Q: My Arizona HOA says I can't have a Presidential political sign up in my yard right now. I'm looking at ARS 33-1808 (C)

They seem to think that since Presidents aren't on the Primary ballot for July 30th, that I can't have a "presidential" political sign up. I read it as any political signs can be up 71 days before the primary, if the candidate is still in the running. What do you think?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under ARS 33-1808 (C), Arizona law permits homeowners to display political signs 71 days before a primary election. The key point is whether this law applies to signs for candidates not appearing on the primary ballot. Your HOA interprets the law to mean that only candidates on the primary ballot can have signs displayed during this period.

However, you interpret the law as allowing any political sign, including for presidential candidates, as long as it's within the 71-day timeframe before the primary election. The law does not explicitly limit signs to those candidates on the primary ballot, so your interpretation has merit. It seems reasonable to argue that since presidential primaries are part of the overall election process, signs for presidential candidates should be included.

To resolve this conflict, you might consider discussing your interpretation with the HOA, presenting your understanding of the law. If the HOA remains resistant, seeking advice from a legal expert or contacting local government offices for clarification on ARS 33-1808 (C) could provide further support for your position.

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