Official Summary Text
HB2342 - 572R - Senate Fact Sheet
Assigned to
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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
Read the full stored bill text
Chapter 0090 - 572R - S Ver of HB2342
Senate Engrossed
House Bill
homeowners'
associations; shade structures
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 90
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
APPROVED BY THE GOVERNOR JUNE 4, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 5, 2026.