The Right to Display a For Sale Sign
Selling a home is one of the most significant financial decisions a person or family makes. Arizona law ensures that property owners can advertise that decision with a for sale sign. This is true even if their HOA documents or deed restrictions say otherwise.
A covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of any interest in real property shall not be applied to prohibit the indoor or outdoor display of a for sale sign and a sign rider by a property owner on that person's property, including a sign that indicates the person is offering the property for sale by owner.
A.R.S. § 33-441(A)The statute does set reasonable size limits. A for sale sign cannot exceed eighteen by twenty-four inches. A sign rider cannot exceed six by twenty-four inches. These match industry standard dimensions used by real estate professionals across the state.
Broad Protection With One Exception
This protection applies to all covenants and restrictions, regardless of when they were created, signed, or recorded. Unlike some property statutes with cutoff dates, this rule covers every HOA and deed restriction.
The one exception involves timeshare properties and timeshare interests as defined under A.R.S. 33-2202. Timeshare associations may still enforce restrictions on for sale signage within their properties.
Selling Property During Estate Settlement
For families settling an estate or managing property held in a trust, this statute is worth knowing. When a personal representative or successor trustee needs to sell real property, the right to post a for sale sign is protected by law.
No HOA rule or deed restriction can prevent it. This helps families market inherited property effectively during what is often a difficult time. The ability to display a sign can make a meaningful difference in attracting buyers and completing the sale.