ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: GOV W/D | COM DPA 9-1-0-1

HB 2342: homeowners' associations; shade structures

Sponsor: Representative Travers, LD 12

Caucus & COW

Overview

Prevents a planned community association from restricting the backyard installation or use of a shade structure.

History

A condominium or planned community association (HOA) is formed and organized under governing documents which include a declaration, bylaws and articles of incorporation, if any. An HOA is responsible for managing, maintaining and improving community property. Members of the association elect a board of directors who are given general management powers to act on behalf of the association (Title 33, Chapters 9 & 16, A.R.S.).

Statute prohibits a planned community association from restricting the installation or use of solar energy devices but allows an association to adopt reasonable rules regarding the placement of a device, if those rules do not prevent the installation, impair the function or restrict use of the device. An associations rules also cannot adversely affect the cost or efficiency of the device. Furthermore, statute directs courts to award reasonable attorney fees and costs to any party who prevails in an action against the board of directors of the planned community association for a violation of these rules (A.R.S. § 33-1816).

Provisions

1. Asserts a planned community association cannot prohibit the backyard installation or use of a shade structure. (Sec. 1)

2. Allows a planned community association to adopt reasonable rules regarding the size, placement or appearance of a shade structure if they do not:

a. prevent the installation, impair the functioning or restrict the use of the structure;

b. adversely affect the cost of the structure; and

c. create height and setback requirements for a single-family home that are more restrictive than the zoning ordinances within the applicable city or town. (Sec. 1)

3. Directs courts to award reasonable attorney fees and costs to any party who prevails in an action against the board of directors of the association for a violation of shade structure restrictions. (Sec. 1)

4. Defines shade structure to mean a temporary or permanent structure that protects an area from excessive light or heat, including an umbrella or awning or a shade sail, gazebo, pergola or canopy. (Sec. 1)

Amendments

Committee on Commerce

1. Removes language relating to awarding reasonable attorney fees.

2. Amends the definition of shade structure.

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6. Initials PB/AI HB 2342

7. 2/16/2026 Page 0 Caucus & COW

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