Arizona Statewide Rule

Arizona HOA Limits: Solar, Flags & Signs

Heavy RestrictionsApplies statewide across Arizona (2026)

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.

Key Facts

Solar devices: Cannot be prohibited (A.R.S. § 33-1816)
U.S. & Arizona flags: Cannot be prohibited (A.R.S. § 33-1808)
Political signs: 71 days before primary to 15 days after general (§ 33-1808)
For-sale / open-house signs: Cannot be prohibited or fee-charged (§ 33-1808)
Remedy: Attorney fees to prevailing party on solar (§ 33-1816)

Last verified: 2026-06-27

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Can an Arizona HOA ban solar panels?

No. A.R.S. § 33-1816 states an association 'shall not prohibit the installation or use of a solar energy device.' It may set only reasonable placement rules that do not block installation, impair function, or add cost.

Can an Arizona HOA prohibit political signs or the U.S. flag?

No. A.R.S. § 33-1808 protects the American and Arizona flags and political signs (from 71 days before a primary to 15 days after the general election), allowing only reasonable size and placement limits.

Can an Arizona HOA ban 'for sale' signs?

No. A.R.S. § 33-1808 bars an association from prohibiting or charging a fee for real-estate 'for sale,' 'for rent,' and open-house signs, subject only to limits like standard sizes and open-house hours.

Sources

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