Title 33 - Property

Chapter 16, Planned Communities, Sec. 33-1801-33-1821

Shade structures; reasonable restrictions; municipal zoning; definition

Article 1, Shade structures; reasonable restrictions; municipal zoning; definition, § 33-1816.01

Source: Arizona Revised Statutes

  1. Notwithstanding any provision in the community documents, an association may not prohibit the backyard installation or use of a shade structure.
  2. 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.
  3. For the purposes of this section, “shade structure” means a commercially produced or professionally manufactured movable or permanent structure that is designed to protect an area from sunlight, including an umbrella, awning, shade sail, gazebo, pergola or canopy.

Also in: Chapter 16, Sec. 33-1801-33-1821

View all Planned Community Statutes statutes.

Source: This content is sourced from the online version of the Arizona Revised Statutes located at www.azleg.gov.

Disclaimer: These statutes are provided as a courtesy by CHDB Law LLP. CHDB Law cannot guarantee that the statutes set forth on the website or in our published guide will not be found to be defective by a court or other tribunal after the date the books or online material are published. The HOA Knowledge Base does not attempt to include every statute that could apply to a community association issue. There may be other statutes or applicable laws that have a bearing on a particular legal issue confronted by a community association. These statutes are provided as a reference only. If a particular legal issue is confronted by a community association, the association should seek legal advice from competent attorneys.

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