Bill > HB2342

This bill, concerning planned communities in Arizona, adds a new section to state law that prevents homeowners' associations (HOAs), which are organizations responsible for managing and maintaining common areas in planned communities, from prohibiting the installation or use of shade structures in backyards. While HOAs cannot outright ban these structures, they can implement reasonable rules about their size, placement, or appearance, as long as these rules do not prevent installation, hinder functionality, restrict use, increase costs, or are more restrictive than local city or town zoning ordinances for single-family homes regarding shade structure height and setbacks. Furthermore, if an HOA violates this new law, the court will award reasonable attorney fees and costs to any party that substantially wins the case. For the purposes of this law, a "shade structure" is defined as any temporary or permanent structure designed to provide protection from excessive light or heat, including items like umbrellas, awnings, shade sails, gazebos, pergolas, or canopies.

Business and Industry, Government Affairs

https://apps.azleg.gov/BillStatus/BillOverview/84088