ARIZONA – Court: Deed restrictions can’t ban “for sale” signs on houses

Arizona Daily Star: Court:  Deed restrictions can’t ban “for sale” signs on houses
September 5, 2013
PHOENIX — 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 has ruled. In a unanimous ruling Tuesday, the judges rebuffed arguments by a planned community that its pre-existing ban on such signs remains valid despite a 2009 law to the contrary. 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. Judge Peter Swann, writing for the court, 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.  Read more:

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