Arizona overrides HOA bans on several protected uses: A.R.S. § 33-1816 bars prohibiting solar energy devices, and A.R.S. § 33-1808 bars prohibiting the U.S. and Arizona flags, political signs (71 days before a primary to 15 days after the general election), and real-estate 'for sale' / open-house signs. HOAs may set only reasonable, non-defeating restrictions.
Several Arizona statutes preempt restrictive CC&Rs. A.R.S. § 33-1816 provides that 'an association shall not prohibit the installation or use of a solar energy device,' allowing only placement rules that do not prevent installation, impair function, or raise cost. A.R.S. § 33-1808 bars an association from prohibiting display of the American flag, a uniformed-services flag, the POW/MIA flag, the Arizona state flag, an Arizona Indian nations flag, the Gadsden flag, a first responder flag, and blue/gold star service flags (subject to reasonable size and placement rules). The same section protects political signs from 71 days before a primary through 15 days after the general election, and protects real-estate 'for sale,' 'for rent,' and open-house signs, which the HOA cannot prohibit or charge a fee to use.
No specific statutory penalty, but courts award attorney fees and costs to the party who substantially prevails against a board that violates the solar statute (§ 33-1816), and members may sue to enjoin and recover damages for flag or sign violations under § 33-1808.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Surprise, AZ
Amplified music and sound in Surprise must comply with the city's noise ordinance. Amplified sound audible beyond property lines that disturbs neighbors is p...
Surprise, AZ
Excessive barking dogs in Surprise are addressed through the city's nuisance provisions and Maricopa County animal control regulations. Dogs that bark contin...
Surprise, AZ
Surprise regulates construction noise through its City Code. Residential construction is generally permitted Monday through Saturday during daytime hours. Su...
Surprise, AZ
Surprise is near Luke Air Force Base, which generates significant military jet noise. The city has no authority over military flight operations but maintains...
Surprise, AZ
Surprise does not experience snow and has no space saving or dibs system for parking. The desert climate eliminates the need for shoveled-out parking spot re...
Surprise, AZ
Surprise prohibits abandoned, inoperable, or junk vehicles on public streets and visible on private property. Vehicles without current registration or that a...
See how Surprise's hoa vs. city rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.