By Howard Fischer | Capitol Media Services/Arizona Daily Sun
The right of state lawmakers to allow homeowners to post “For Sale” signs trumps any deed restrictions that ban them, the Arizona Court of Appeals ruled Tuesday.
In a unanimous ruling, the judges rebuffed arguments by attorneys for a planned community that their pre-existing ban on such signs allows it to remain despite a 2009 law to the contrary. Judge Peter Swann, writing for the court, said legislators made their intent quite clear.
Potentially more significant, the appellate judges rejected the contention that the 2009 law unconstitutionally interfered with the contracts previously signed by all property owners agreeing to the restriction.
Swann said there may be situations in which the ability of legislators to overturn existing covenants, conditions and restrictions — CC&Rs as they are known in the business — is limited. But he said statutes are presumed constitutional and the burden is on the homeowners association to prove otherwise.
