Yard signs—especially those endorsing or opposing a political candidate or issue—are sometimes the target of homeowners’ associations (HOAs), neighborhood organizations, local governments, and vandals.
The First Amendment to the U.S. Constitution only prohibits federal, state, or local government interference with free speech. But many states have enacted statutes that protect elections and political speech in yard and other signs—allowing HOAs, neighborhood organizations, and local governments to place some limits on political signs, but not to ban them. For example, signs may be required to be inoffensive, mounted in the ground, and only displayed for 45 or 90 days before an election and up to ten days following an election.
State statutes that permit political signs on private property may also permit political signs in an unpaved right-of-way (ROW)—a city-owned strip of land from the edge of a city street or county road.
Yard signs that are not political speech—such as those warning trespassers (No Trespassing) or advertising a business’s goods or services or that a property or home is for sale—are generally subject to restrictions by HOAs, neighborhood organizations, and local governments. For example, some municipalities may require a permit to display certain signs.
In Arizona, the regulation of yard signs, particularly those related to political speech, is influenced by both state statutes and the First Amendment's protection of free speech. Arizona law specifically limits the ability of homeowners' associations (HOAs) and local governments to restrict the display of political signs. According to Arizona Revised Statutes §33-1808 (for planned communities) and §33-1261 (for condominiums), HOAs cannot prohibit the indoor or outdoor display of political signs by their members, except as necessary to preserve public health and safety. There are also time restrictions; for example, political signs must be allowed to be displayed at least 71 days before an election and must be removed within 15 days following an election. However, HOAs may regulate the size and number of signs. Non-political signs, such as those advertising businesses or warning against trespassing, do not enjoy the same level of protection and can be more heavily regulated by HOAs, neighborhood organizations, and local governments, often requiring permits or adherence to specific guidelines.