ARIZONA HOUSE OF REPRESENTATIVES 57th Legislature, 2nd Regular Session Majority Research Staff
	Senate: ATT DPA 6-4-0-0 | ED DP 4-2-2-0 | Third Reading 16-10-4-0-0 House: ED W/D | APPROP DPA/SE 16-1-0-2

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SB 1582: appropriation; school safety program

S/E: backyard fowl; pets; planned communities

Sponsor: Senator Payne, LD 27

Caucus & COW

Summary of the Strike-Everything Amendment to SB 1582

Overview

Includes restrictions for a planned community association (association) in regulating pets and fowl.

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. Statute dictates a condominium and a planned community association be organized as either a profit, nonprofit corporation or as an unincorporated association (Title 33, Chapters 9 & 16, A.R.S.).

Municipalities and counties are prohibited from adopting an ordinance or other regulation that prevents a resident of a single-family detached residence on a lot that is one-half acre or less in size from keeping up to six fowl in the backyard of the property. Statute prescribes municipal and county authority in regulating fowl including:

1) prohibiting a resident from keeping male fowl, including roosters;

2) requiring fowl to be kept in an enclosure located in the rear or side yard of the property at least 20 feet from a neighboring property and restrict the size of the enclosure to a maximum of 200 square feet with a maximum height of 8 feet;

3) requiring the enclosure to be maintained and manure picked up and disposed of or composted at least twice weekly;

4) requiring that composted manure be kept in a way that prevents migration of insects;

5) requiring water sources with adequate overflow drainage;

6) requiring that feed be stored in insect-proof and rodent-proof containers; and

7) prohibiting fowl from running at large (A.R.S. §§ 9-462.12, 11-820.04).

Provisions

Planned Communities; Pet Regulations

1. Declares an association cannot prohibit or otherwise limit a household pet by breed, size or weight. (Sec. 1)

2. Asserts any provisions prohibited by the pet restriction are unenforceable without regard to whether they were adopted or enacted before the effective date of this act. (Sec. 1)

3. Authorizes an association to adopt reasonable rules regarding pet behavior that are consistent with federal, state and local laws. (Sec. 1)

Planned Communities; Fowl Regulations

4. Declares, for a single-family detached residence, an association cannot prevent a member from keeping up to six fowl in the backyard of the member's property. (Sec. 2)

5. Prescribes the authority for an association in regulating fowl. (Sec. 2)

6. Defines fowl as a cock or hen of the domestic chicken. (Sec. 2)

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10. Initials PB                       SB 1582

11. 3/27/2026  Page 0 Caucus & COW

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