Overview
HB2342 would prohibit planned community associations from banning backyard shade structures and would require an association’s rules regarding these structures to be reasonable and not stricter than local zoning ordinances. The bill creates a right for homeowners to install temporary or permanent shade structures such as umbrellas, canopies, or pergolas, provided reasonable rules are met. It establishes that courts must award prevailing parties reasonable attorney fees and costs in litigation over violations of these rights. The proposed law broadly defines what qualifies as a shade structure.
Key Changes
- Adding A.R.S. 33-1816.01 to:
- Provide that an association may not prohibit the backyard installation of a shade structure;
- Allow an association to adopt reasonable rules regarding the size, placement, or appearance of a shade structure provided the rules do no prevent the installation, impair the functioning, restrict the use, or adversely affect the cost of the structure, and are not more restrictive than zoning ordinances regarding shade structure height and setbacks;
- Award reasonable attorneys’ fees and costs to an owner who substantially prevails in an action against a board who violated this section (see discussion of proposed amendment in Legislative Timeline below);
- Defining a “shade structure” as “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” (see discussion of proposed amendment in Legislative Timeline below).
Legislative Timeline
- March 30, 2026 – On the agenda for the Senate Rules Committee, 1:00 p.m.; Passed out of committee
- March 25, 2026 – On the agenda for the Senate RAGE Committee, 9:00 a.m.; Passed out of committee as amended by the Bolick amendment
- March 24, 2026 – Senator Bolick posted an amendment to be considered in committee that would add clarifications to the types of shade structures
- March 16, 2026 – Senate Second Reading
- March 11, 2026 – Senate First Reading; Assigned to Senate RAGE and Rules Committees
- March 5, 2026 – Passed the House on a 45-5 vote (with 9 not voting)
- March 4, 2026 – On the House Committee of the Whole (COW) Calendar, 1:15 p.m.; Passed out of COW
- February 23, 2026 – On the agenda for the House Committee on Rules, 1:00 p.m.; Passed out of Committee as “Constitutional and Proper”
- February 17, 2026 – On the agenda for the House Committee on Commerce Special Meeting, to immediately follow the committee’s regular meeting at 2:00 p.m.; Passed out of Committee with a “Do Pass Amended” vote
- February 11, 2026 – Rep. Weninger has posted an amendment to be considered in committee that would (1) remove the language authorizing an award of attorneys’ fees and costs to an owner who prevails in an action against a board – if adopted, the bill would be silent on the issue of attorneys’ fees and costs; and (2) amend the definition of “shade structure”
- January 21, 2026 – House Second Reading
- January 20, 2026 – Introduced; House First Reading; Assigned to House Government and Rules Committees
Impact
HB 2342 limits the authority of community association boards and managers to restrict backyard shade structures, requires that any association rules governing shade structures be no stricter than applicable zoning ordinances, and increases accountability for violations of the proposed statute by associations.