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HB2588 - 572R - I Ver
REFERENCE TITLE:
municipalities; planned communities; design; prohibition.
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2588
Introduced by
Representative
Way
AN
ACT
amending section 9-461.15, arizona
revised statutes; amending title 9, chapter 4, article 6, arizona revised
statutes, by adding section 9-461.21; relating to municipal planning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-461.15, Arizona Revised
Statutes, is amended to read:
START_STATUTE
9-461.15.
Requirement of planned community; shared features; prohibited;
applicability; definitions
A. The planning agency of a municipality
,
in exercising its authority pursuant to this title
,
shall not require as part of a subdivision regulation or
zoning ordinance that a subdivider or developer establish
an
a homeowner's
association
as defined in section
33-1802
. A subdivider or developer shall not be
penalized because a real estate subdivision or development does not constitute
or include a planned community.
B. Notwithstanding any other LAW, a
municipality may not require as part of a development or subdivision either of
the following:
1. A shared feature or amenity that
would require a homeowners' association, a condominium association or any other
association to maintain or operate the feature or amenity, except if required
by federal law.
2. A gate, wall, fence or other
perimeter enclosure or any type of controlled access.
B.
c.
A
municipality may require a subdivider or developer to establish
an
a homeowner's
association to maintain private, common or
community owned
community-owned
improvements that are approved and installed as part of a preliminary plat,
final plat or specific plan. A municipality shall not require that
an
a HOMEOWNER'S
association be formed or
operated other than for the maintenance of common areas or
community
owned
community-owned
property. This subsection applies only to planned communities that are
established in plats recorded after
the effective date of this
section
July 24, 2014
.
C.
D.
This
section does not limit the subdivider or developer in the establishment or
authority of any planned community established pursuant to title 33,
chapter 16 or limit a subdivider, a developer or
an
a homeowner's
association from requesting and entering into a
maintenance agreement with a municipality.
E. Subsection B of this section does
not supersede applicable building codes, fire codes or public health and safety
regulations.
F. For the purposes of this section:
1. "Condominium
association" means an association as defined in section 33-1202.
2. "Homeowners'
association" means an association as defined in section 33-1802.
END_STATUTE
Sec. 2. Title
9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section
9-461.21, to read:
START_STATUTE
9-461.21.
Planning; home design; restrictions; prohibition; applicability:
definitions
A. A municipality may not interfere
with a home buyer's right to choose the features, amenities, structure, floor
plan and interior and exterior design of a home.�
B. Notwithstanding any other law, a
municipality may not adopt or enforce any code, ordinance, regulation,
standard, stipulation or other legal requirement that directly or indirectly
establishes any of the following requirements for a single-family home or
an accessory dwelling unit:
1. Screening, walls or fences on
residential property.
2. aesthetic design standards or
design, architectural or aesthetic elements or guidelines and requirements for
any of the following:
(
a
) Materials
or finishes, including minimum percentages of material or finishes, or
specified materials.
(
b
) Colors or
color palettes.
(
c
) Window
placement, configuration or style.
(
d
) roof form
or pitch.
(
e
) fa�ade
design, articulation, nonstructural ornamentation or architectural style.
(
f
) Layout,
floor plan or configuration of the livable area.
(
g
) Garages or
other specified VEHICLE enclosures.
(
h
) Decorative
lighting fixtures, including carriage lights.
(
i
) Patios,
decks, porches, hardscaping or other outdoor improvements.
(
j
) Paving or
surfacing of driveways.
C. A municipality may not deny, delay
or conditionally approve a building permit or other entitlement based on a
requirement that is prohibited by this section.
D. this section does not supersede
any of the following:
1. applicable building codes or fire
codes.
2. Public health and safety
regulations.
3. Utility clearance requirements or
utility easements that are recorded as of the effective date of this SECTION.
4. Minimum parking requirements.
5. Dark sky ordinances.
E. A municipality may require
preparing and submitting acceptable electric and water utility plans and
specifications.
F. This section does not apply to:
1. A single-family home that is
on either of the following:
(
a
) Land that
is designated as a district of historical significance pursuant to section 9-462.01,
subsection A, paragraph 10.
(
b
) An area
that is designated as historic on the national register of historic places.
2. Lots or parcels that are located
on EITHER of the following:
(
a
) tRIBAL
LAND.
(
b
) lAND IN A
HIGH NOISE OR ACCIDENT POTENTIAL ZONE AS DEFINED IN SECTION 28-8461 OF A
MILITARY AIRPORT OR an ANCILLARY MILITARY FACILITY AS DEFINED IN SECTION 28-8461.
g. fOR THE PURPOSES OF THIS SECTION:
1. "Accessory dwelling
unit" has the same meaning prescribed in section 9-461.18.
2. "BUILDING CODE":
(
a
) mEANS THE
CONSTRUCTION CODES THAT ARE ADOPTED BY THE MUNICIPALITY.
(
b
) iNCLUDES
PLUMBING AND MECHANICAL CODES, ELECTRIC CODES, RESIDENTIAL CONSTRUCTION CODES,
WILDLAND URBAN INTERFACE CODES AND ENERGY CONSERVATION CODES, HOWEVER
DENOMINATED.
END_STATUTE