On March 30, 2022, Governor Ducey signed HB2158: POLITICAL; COMMUNITY ACTIVITY; HOAs into law which amends the Condominium Act and the Planned Communities Act (A.R.S. Section 33-1261 and 33-1808). This new law applies to planned communities and condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.’s easy to understand explanation of the new law. Please contact Mulcahy Law Firm, P.C. with questions related to this new law.

Owner’s Right to “Peacefully Assemble”

Regardless of any provision in the association’s documents, an association may not prohibit or unreasonably restrict an owner’s ability to peacefully assemble and use common elements/areas if done in compliance with reasonable restrictions for the use of that property adopted by the board of directors. 

An individual owner or group of owners may assemble to discuss matters related to the association, including board of director elections or recalls, potential or actual ballot issues or revisions to the association documents, property maintenance or safety issues or any other association matters. 

An owner may invite one political candidate or one non-owner guest to speak to an assembly of owners about matters related to the association. The association shall not prohibit an owner from posting notices regarding those assemblies on bulletin boards located on the common elements/areas or within common elements/areas facilities. An assembly of owners does not constitute an official owners’ meeting unless the meeting is noticed and convened as prescribed in the association’s documents and Arizona law. 

Association-Specific Political Signs

Regardless of any provision in the association’s documents, an association may not prohibit or unreasonably restrict the indoor or outdoor display of an association-specific political sign by an 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 or planned community election. 
  2. Limit the number of association-specific signs, except that the association may limit the aggregate total dimension of all association-specific 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 or 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.

The new law adds to the definition of political sign the following: a sign regarding any activity to elect or remove a condominium director or in support of or opposition to a measure that requires a vote of the association membership.