Article written by AWD LAW attorney and founder, Fritz Aspey
Attorneys are frequently asked if there are limitations on the authority of Homeowners Associations (“HOA”). The answer is yes. The authority of an HOA is limited and there are a number of statutory restrictions on HOAs. The following are illustrative:
Subdivisions frequently have restrictive provisions which prohibit or attempt to prohibit “for sale” or “for sale by owner” signs. These restrictions are largely unenforceable. Arizona law effectively prohibits HOAs from prohibiting “for sale” or “for sale by owner” signs provided they meet industry standards in terms of size. The validity of this statue has been upheld by the Arizona Court of Appeals.