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.
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