There aren’t any CC&R’s that speak to any kind of signage other than what Maricopa County has and we don’t enforce those, as it is up to them to do so. Every election we hear from people who are bothered by them greatly for whatever reason, but we just refer them to the county.”

Tom Wilson, Sun City Home Owners Association general manager

By Jennifer Jimenez
Twitter: @SCW_Independent

The Aug. 4 Arizona primary election wrapped, but the Nov. 3 election is around the corner and some residents in both Sun City and Sun City West have political signage displayed in yards and on public streets.

For the Aug. 4 primary, the Recreation Centers of Sun City West, handling CC&R enforcement for the community, notified the Maricopa County officials of a key stipulation. According to RCSCW General Services Officer Katy O’Grady, in order for the association to be a polling site, no signs can be affixed to the property, other than the official election day signs by election officials. deeming the association a non-electioneering site. This area is addressed in the Recreation Centers of Sun City West policy statement L 04 Authorized Use of Association Property for Political Activty, Policy 1.1. The policy reads in part, “This policy is designed to encourage participation in the electoral process with minimal interference in the use of association property by  association members.”

“I can tell you this, we follow the state law (ARS 33-1901) for political signs; and the US law (94-344) for flags,” Ms. O’Grady said.

Charles Hart, Maricopa County Code Enforcement Department director, said whether homeowner associations elect to follow state or county guidelines is at the discretion of how the association and attorney believes is best for the community.

“We (Maricopa County) just enforce the ordinances in front of us,” he said. “Unfortunately, CC&R’s and county ordinances don’t mesh and CC&R’s are specific to a community. If the individual meets the county requirements and zoning requirements, I can’t force those and then defacto enforcement of the CC&R.”

Maricopa County will investigate a possible violation to ensure it meets the county ordinances. If it does, then the complaint is closed out, and if it is in violation a notification is made.

Arizona Revised Statute ARS 33-1808, Flag Display; political caution signs; for sale, rent or lease signs; political activities part c, states, in part, “notwithstanding any provision in the community documents, an association shall not prohibit the indoor or outdoor display of a political sign by an association member on that member’s property, except that an association may prohibit the display of political signs earlier than seventy-one days before the day of an election and later than three days after an election day.”

Additionally, section I of the same statute states, “A planned community shall not require political signs to be commercially produced or professionally manufactured or prohibit the utilization  of both sides of a political sign.”

Sun City West resident Darris Larsen had an issue with CC&Rs regarding political signs because of a large banner he erected at his home. In a July 21 email to the Sun City West Independent, he included an attachment regarding legal controls of political signs and flags in the community.

Under the political signs section of the submission, Mr. Larsen stated, “The association may regulate the size and number of political signs on a member’s property, as long as the regulation is not more restrictive than any applicable city, town or country ordinance. Here, the rights of the members are clearly being presented. We shall see that Maricopa County clearly regulates the size of political signs to 18 square feet, therefore Sun City West cannot impose size limitations smaller than that which is stated in county ordinances. The Sun City West bylaw limiting political signs to nine square feet is clearly improper.”

However, the ARS 33-1808 states, “An association may regulate the size and number of political signs that may be placed on a member’s property if the association’s regulation is more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property. If the city, town or county in which the property is located does not regulate the number of political signs, except that the maximum aggregate total dimensions of all political signs on a members property shall not exceed nine square feet. For the purposes of this subsection, ‘political sign’ means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer.”

Mr. Larsen’s argues, in part, that Maricopa County does regulate the size of political signs.

Per Maricopa County Ordinance Article 1401.4.1 political signs are considered to be temporary. In this section it states in section 1a. “In rural and residential zoning districts may not exceed 18 square feet.” Section 1b states, “In any zoning district, shall not exceed 12 feet in height.” In section 1401.4.2 it states, “Shall not be illuminated.”

The Sun City Homeowners Association does not have a specific CC&R in place for signage, SCHOA General Manager Tom Wilson said.

“There aren’t any CC&R’s that speak to any kind of signage other than what Maricopa County has and we don’t enforce those, as it is up to them to do so,” he said. “Every election we hear from people who are bothered by them greatly for whatever reason, but we just refer them to the county.”

Visibility due to placement of political signs along roadways is a concern throughout the Valley. Some intersections are clogged with multiple signs, sometimes making it difficult for drivers to see around them.

“Signs on the medians or easement areas of the property that the county controls are governed by the state and county regulations,” Ms. O’Grady said.

Under ARS 16-1019 Political signs; printed materials; tampering;violations; classification, section C, “Notwithstanding any other statute , oridnance or regulation a city, town or county of this state shall not remove, alter, deface or cover any political sign if the following conditions are met: 1. The sign is placed in a public right-of-way that is owned or controlled by that jurisdiction, 3. The sign is not placed in a location that is hazardous to public safety, obstructs clear vision in the area or interferes with the requirements of the Americans with disabilities act (42 United States Code section 12101 through 12213 and 47 United States Code sections 225 and 611).”

Additionally, Ms. O’Grady said the CC&R department works on a complaint basis, therefore if a complaint is filed about political signage being put up too early or being too large, or even things such as weeds, the department will react and contact the homeowner. The same is true for SCHOA, which reacts to resident complaints and does not patrol the community looking for violations.

“We work closely with the county to refer items to them if they are in the county’s jurisdiction rather than ours,” she explained.

Jennifer Jimenez
Reporter | Sun City West
@SCW_Independent

jjimenez@iniusa.org

I am passionate about sports and community writing and shining the light on positivity, while delivering the facts. I have been with the Independent team for five months, but in the game for 15 years. I am a proud Grand Canyon University alumni. Born and raised in Peoria, I also am blessed to have a street named after me called Jennifer Rose Court.