HB 2588

Overview

HB 2588 does not expressly impact Arizona condominium association or planned community association laws. Instead, HB 2588 impacts municipalities by limiting their authority to require developers to establish homeowners’ associations or to include features that necessitate maintenance by such associations. This reduces municipal ability to require developers to provide for (through the creation of homeowners’ association) long-term management of community infrastructure and amenities. Additionally, the bill restricts municipalities from imposing design or aesthetic requirements on single-family homes and accessory dwelling units, except in specific cases such as single-family homes in historic districts or when public health and safety warrant such requirements.

Key Changes

• Amending A.R.S. 9-461.15 relating to municipal planning to:
  • Prohibit the planning agency of a municipality from requiring as part of a subdivision regulation or zoning ordinance that a subdivider or developer establish a homeowners association;
  • Prohibit a municipality from requiring as part of a development or subdivision:
    • A shared feature or amenity that would require a homeowners association, condominium association, or other association to maintain or operate the feature or amenity, except as required by federal law;
    • A gate, wall, fence, or other perimeter enclosure or any type of controlled access;
  • Adopt the definitions of “association” as set forth in A.R.S. 33-1202 for condominium associations and of “association” as set forth in A.R.S. 33-1802 for homeowners’ association.
• Adding A.R.S. 9-461.21 relating to municipal planning to:
  • Prohibit municipalities from interfering with a home buyer’s right to choose the features, amenities, structure, floor plan, and interior and exterior design of a home;
  • Prohibit municipalities from adopting or enforcing any code, ordinance, regulation, standard, stipulation, or other legal requirement that directly or indirectly establishes the following requirements for a single-family home or an accessory dwelling unit:
    • Screening, walls, or fences;
    • Colors or color palettes;
    • Window placement, configuration, or style;
    • Roof form or pitch;
    • Facade design, articulation, nonstructural ornamentation, or architectural style;
    • Layout, floor plan, or configuration of the livable area;
    • Garages or other specified vehicle enclosures;
    • Decorative lighting fixtures, including carriage lights;
    • Patios, decks, porches, hardscaping, or other outdoor improvements;
    • Paving or surfacing of driveways
  • Prohibit municipalities from denying, delaying, or conditioning approval of a building permit or other entitlement based on a requirement that is prohibited by this statute.
  • Provide that this statute does not supersede applicable building codes or fire codes, public health and safety regulations, utility clearance requirements or utility easements that are recorded as of the effective date, minimum parking requirements, and dark sky ordinances;
  • Expressly allow municipalities to require owners to prepare and submit acceptable electric and water utility plans and specifications;
  • Exempt from the requirements of this statute single-family homes that are on land that is designated as a district of historical significance, an area that is designated as historic on the national register of historic place, located on tribal land, or location on land in a high noise or accident potential zone;
  • Define various terms.

Legislative Timeline

• February 19, 2026 – On the agenda for the House Rural Economic Development Committee, 9:00 a.m.; Bill held in Committee
• February 9, 2026 – Withdrawn from the House Commerce Committee and reassigned to the House Rural Economic Development Committee
• January 26, 2026 – House Second Reading
• January 22, 2026 – Introduced; House First Reading; Assigned to the House Commerce and Rules Committees

Impact

As introduced, HB 2588 does not impact Arizona’s condominium associations and planned community associations, primarily because an association’s declaration and design control powers can be more restrictive than municipal code or zoning ordinance. Consequently, associations will still be able to enforce any restrictions promoting uniformity of design, specific color palettes, addition of accessory dwelling units or other structures, and other design control elements. Aside from HB 2588’s impact (or lack thereof) on associations, this bill may lead to the creation of fewer associations in Arizona as developers will no longer be required to develop common property and establish associations to manage that common property.