Bill > HB2732

This bill adds a new section to Arizona's planned community laws that protects homeowners' rights to install shade structures in their backyards. Specifically, the bill prohibits homeowners' associations (HOAs) from completely banning shade structures and allows associations to only impose reasonable rules about the size, placement, or appearance of these structures, as long as those rules do not prevent installation, impair functionality, restrict use, or significantly increase the cost. The bill defines a "shade structure" broadly to include temporary or permanent items like umbrellas, awnings, shade sails, gazebos, pergolas, and canopies. Importantly, if a homeowner successfully challenges an HOA's unreasonable restriction of a shade structure in court, the bill mandates that the court must award the homeowner reasonable attorney fees and costs. This legislation aims to give homeowners more flexibility in creating comfortable outdoor spaces while still allowing HOAs to maintain some aesthetic standards.