Arizona · Housing & heat

HB 2342Backyard shade an HOA cannot ban

A new Arizona law bars a homeowners’ association in a planned community from prohibiting backyard shade structures, while leaving it room to write reasonable rules about size, placement and appearance.

Signed into lawIn effect · Sept. 12, 2026

THE 20-SECOND VERSION

An association can no longer refuse backyard shade outright. It can still say how big the structure is, where it sits and what it looks like, as long as those rules do not block the installation, impair how it works, restrict its use or unreasonably raise its cost.

WHAT YOUR DECISION MEANSStandard translation

What the law now does

Arizona law now bars a homeowners’ association in a from prohibiting the backyard installation or use of a shade structure, regardless of what the say.

What it does not do

It does not end association authority. Associations may still adopt reasonable size, placement and appearance rules, up to the limits of local single-family zoning on height and . The protection reaches backyards only, covers commercially produced or professionally manufactured structures, and does not extend to condominiums or timeshare associations.

Open original document ↗Plain-English notes explain rather than replace the official text. WikiProp is not legal advice.

LAWMAKERS ON THIS MEASUREStacey TraversPrimary sponsor · Arizona House · LD 12↗Jeff WeningerIntroducer / cosponsor · Arizona House · LD 13↗Julie WilloughbyIntroducer / cosponsor · Arizona House · LD 13↗

SECTION-BY-SECTION

The law, with a human translation.

Set your translation levelSaved for this browser session · Also changes the yes/no summary

Chapter 90, Section 1 · What the act adds

WORD-FOR-WORD SOURCE TEXT

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:

PLAIN-ENGLISH TRANSLATION

The act changes no existing statute. It adds one new section, 33-1816.01, to the Planned Communities Act in Title 33.

A.R.S. § 33-1816.01(A) · No outright ban

WORD-FOR-WORD SOURCE TEXT

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

PLAIN-ENGLISH TRANSLATION

An association cannot prohibit a homeowner from installing or using a shade structure in the backyard, and a conflicting provision in the does not override that.

⚑ The section does not define “backyard,” and front or side yards are not covered at all.

A.R.S. § 33-1816.01(B) · Reasonable rules and the zoning ceiling

WORD-FOR-WORD SOURCE TEXT

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.

PLAIN-ENGLISH TRANSLATION

Associations keep the power to regulate size, placement and appearance. Four limits apply: the rules cannot prevent installation, impair functioning, restrict use or unreasonably affect cost. A fifth limit ties association rules on height and to the local single-family zoning ordinance, which they cannot exceed.

⚑ Neither “reasonable” nor “unreasonably affect the cost” is defined, so a rule a homeowner sees as a ban in disguise would have to be resolved case by case.

A.R.S. § 33-1816.01(C) · What counts as a shade structure

WORD-FOR-WORD SOURCE TEXT

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.

PLAIN-ENGLISH TRANSLATION

The definition covers moveable and permanent structures alike, but only if they are commercially produced or professionally manufactured. Umbrellas, awnings, shade sails, gazebos, pergolas and canopies are the listed examples.

⚑ Shade a homeowner builds is outside the definition, so the protection does not reach it.

WHAT DESERVES A CLOSER LOOK

The protection covers backyards only. Front and side yards are still governed by the community documents.

Owner-built shade is outside the definition, which requires a commercially produced or professionally manufactured structure.

The section sits in the Planned Communities Act, which does not reach condominiums or timeshare associations.

An earlier version of the bill would have awarded attorney fees and costs to a party who substantially prevailed against an association board. That provision is not in the enacted law.

FULL OFFICIAL TEXT · UNABRIDGED

Read every word for yourself.

This is the complete adopted or enrolled document, reproduced from the official government source. Page and part labels follow the source file.

Page 1

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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)

Page 2

HB 2342

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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:

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.

APPROVED BY THE GOVERNOR JUNE 4, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 5, 2026.

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Compare with the original government document ↗

WHAT HAPPENS NEXT

The law took effect on the general effective date, September 12, 2026, and is codified at A.R.S. § 33-1816.01. It applies to existing , so an association ban already on the books no longer controls.

Check your voter registration ↗

HB 2342Backyard shade an HOA cannot ban

The law, with a human translation.

Read every word for yourself.

The law took effect on the general effective date, September 12, 2026, and is codified at A.R.S. § 33-1816.01. It applies to existing community documents, so an association ban already on the books no longer controls.

The law took effect on the general effective date, September 12, 2026, and is codified at A.R.S. § 33-1816.01. It applies to existing , so an association ban already on the books no longer controls.