ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: GOV W/D | COM DPA 9-1-0-1 | Third Read: 45-5-9-0-1

Senate: RAGE DPA 7-0-0-0 | Third Read 28-0-2-0-0

HB 2342: homeowners' associations; shade structures

Sponsor: Representative Travers, LD 12

Senate Engrossed

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.).

Planned community associations are prohibited from restricting the installation or use of solar energy devices but are allowed to adopt reasonable rules regarding the placement of a device, if those rules do not prevent installation, impair function or restrict use of the device. Additionally, such rules cannot adversely affect the device's cost or efficiency. Statute directs courts to award reasonable attorney fees and costs to the prevailing party in an action against the board of directors of an 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. Defines shade structure to mean a commercially produced or professionally manufactured moveable or permanent structure that is designed to protect an area from sunlight, including an umbrella or a shade sail. (Sec. 1)

Senate Amendments

1. Specifies the adopted rules regarding the features of a shade structure cannot restrict the use or unreasonably, rather than adversely, affect the cost of the structure.

2. Adds awnings, gazebos, pergolas and canopies to the definition of shade structure.

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6. Initials PB/AI HB 2342

7. 3/27/2026 Page 0 Senate Engrossed

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