REFERENCE TITLE: homeowners' associations; shade structures State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2732 Introduced by Representatives Travers: Crews, Hendrix, Powell, Weninger, Willoughby 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)
REFERENCE TITLE: homeowners' associations; shade structures
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HB 2732
Introduced by Representatives Travers: Crews, Hendrix, Powell, Weninger, Willoughby
REFERENCE TITLE: homeowners' associations; shade structures
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HB 2732
Introduced by
Representatives Travers: Crews, Hendrix, Powell, Weninger, Willoughby
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_STATUTE33-1816.01. Shade structures; reasonable restrictions; fees and costs; 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 adversely affect the cost of the structure. C. Notwithstanding any provision of the community documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section. D. For the purposes of this section, "shade structure" means a temporary or permanent structure that protects an area from excessive light or heat, including an umbrella or awning or a shade sail, gazebo, pergola or canopy. END_STATUTE
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_STATUTE33-1816.01. Shade structures; reasonable restrictions; fees and costs; 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 adversely affect the cost of the structure.
C. Notwithstanding any provision of the community documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.
D. For the purposes of this section, "shade structure" means a temporary or permanent structure that protects an area from excessive light or heat, including an umbrella or awning or a shade sail, gazebo, pergola or canopy. END_STATUTE