homeowners' associations; shade structures

Plain English Breakdown

Checked against official source text during the last sync.

Homeowners' Associations and Shade Structures

This bill stops homeowners' associations (HOAs) from banning backyard shade structures like umbrellas or gazebos.

What This Bill Does

• It says HOAs cannot stop people from putting up shade structures in their backyards.
• It allows HOAs to make rules about the size, placement, and appearance of shade structures as long as these rules do not prevent installation, affect how well they work, or make them too expensive.
• It defines a 'shade structure' as any commercially made or professionally built thing that blocks sunlight, like umbrellas, awnings, gazebos, pergolas, or canopies.

Who It Names or Affects

• Homeowners in planned communities who are part of an HOA.
• HOAs and their rules about backyard installations.

Terms To Know

planned community

A real estate development managed by a nonprofit corporation or unincorporated association that maintains the property for owners of separate lots, parcels, or units.

homeowners' association (HOA)

A nonprofit corporation or unincorporated association created to manage and maintain portions of a planned community, including setting rules and collecting fees from members.

Limits and Unknowns

• The bill does not specify what happens if an HOA's rules about shade structures are more restrictive than local zoning laws.
• It is unclear how this law will be enforced or what penalties might apply to HOAs that violate it.

Official Summary Text

HB2342 - 572R - Senate Fact Sheet

Assigned to
RAGE��������������������������������������������������������������������������������������������� AS
PASSED BY COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
H.B. 2342

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 unreasonably 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, awning, shade sail,
gazebo, pergola or canopy.

4.

Becomes effective on the general effective date.

Amendments Adopted by Committee

1.

Specifies that an HOA may adopt reasonable rules regarding the size,
placement or appearance of shade structures if the rules do not unreasonably
affect, rather than adversely affect, the cost of the structure.

2.

Includes, in the definition of
shade structure
, an awning, gazebo,
pergola or canopy.

House Action
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Senate
Action

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Prepared by Senate Research

March 27, 2026

JT/HD/ci

Current Bill Text

HB2342 - 572R - S Ver

Senate Engrossed
House Bill

homeowners'
associations; shade structures

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2342

AN
ACT

amending title 33, chapter 16, article 1,
Arizona Revised Statutes, by adding section 33-1816.01; relating to planned
communities.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Title 33, chapter 16, article 1,
Arizona Revised Statutes, is amended by adding section 33-1816.01, to read:

START_STATUTE
33-1816.01.

Shade structures; reasonable restrictions; municipal zoning;
definition

A. Notwithstanding any provision in
the community documents, an association may not prohibit the backyard
installation or use of a shade structure.

B. An association may adopt
reasonable rules regarding the size, placement or appearance of a shade
structure if those rules do not prevent the installation, impair the
functioning, restrict the use or
unreasonably affect the
cost of the structure and 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.

C. For the purposes of this section,
"shade structure" means a
commercially produced
or professionally manufactured moveable or permanent structure that
is designed to protect an area from
sunlight,
including an umbrella
, awning, shade sail
, gazebo, pergola or canopy.
END_STATUTE