 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
homeowners' associations; shade structures
Purpose
Prohibits a homeowners' association (HOA) from prohibiting the backyard instillation or use of a shade structure.
Background
The Arizona Planned Communities Act was established to govern the operation and management of HOAs and protect the rights of homeowners within planned communities (A.R.S. Title 44, Chapter 16).
A planned community is a real estate development managed by a nonprofit corporation or unincorporated association established to maintain the property. The community's declaration must state that both: 1) the owners of separately owned lots, parcels or units are mandatory members of the association; and 2) the owners are required to pay assessments to the association for the maintenance and management of the property. The following are exempted from the requirements of a planned community: 1) a timeshare plan or a timeshare association; 2) a condominium; and 3) a real estate development that is not managed or maintained by an association.
An association is a nonprofit corporation or unincorporated association of owners created to own and operate portions of a planned community with the power to assess members, excluding entities created before January 1, 1974, that lack the authority to enforce covenants, conditions or restrictions (A.R.S. § 33-1801).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits an HOA from prohibiting the backyard installation or use of a shade structure.
2. Allows an HOA to adopt reasonable rules regarding the size, placement or appearance of a shade structure if the rules:
a) do not prevent the instillation of the structure;
b) do not impair the functioning of the structure;
c) do not restrict the use or adversely affect the cost of the structure; and
d) are not more restrictive than the zoning ordinances regarding shade structure height and setbacks for a single-family home in the city or town in which the planned community is located.
3. Defines shade structure as a commercially produced or professionally manufactured moveable or permanent structure that is designed to protect an area from sunlight, including an umbrella or shade sail.
4. Becomes effective on the general effective date.
House Action
GOV 2/10/26 W/D
COM 2/23/26 DPA 9-1-0-1
3rd Read 3/5/26 45-5-9-0-1
Prepared by Senate Research
March 20, 2026
JT/HD/ci