Overview
A proposal to add A.R.S. § 33-1816.01 to prohibit planned community associations from prohibiting backyard installation or use of a shade structure. Allows associations to adopt reasonable rules regulating shade structures, but the rules cannot prevent installation, impair functioning, restrict the use or adversely affect the cost of the structure. Provides for an award of attorneys’ fees and costs to the party who substantially prevails in action against a board of directors for violation of this statute.
Key Changes
Current Law
Associations may adopt architectural restrictions and standards that could prohibit or limit installation of shade structures in backyards, subject to general statutory limitations on association authority.
Proposed Amendment (Inactive)
- Prohibition on Banning Shade Structures: Planned community associations cannot prohibit backyard installation or use of shade structures.
- Reasonable Regulation Permitted: Associations may adopt reasonable rules regulating shade structures, but such rules cannot prevent installation, impair functioning, restrict use, or adversely affect the cost of the structure.
- Attorney Fee Recovery: The party who substantially prevails in an action against a board of directors for violation of this statute may recover attorney fees and costs.
Legislative Timeline
- February 5, 2025 – House Second Read
- February 4, 2025 – House First Read; Assigned to House Committee on Government and House Committee on Rules
Impact
The measure would protect homeowners’ ability to install shade structures in backyards, addressing concerns about heat mitigation and outdoor usability in Arizona’s climate. Associations would retain authority to adopt reasonable aesthetic or safety regulations but could not impose rules that functionally prohibit shade structures through cost or installation barriers. The statute does not define “shade structure,” which could create disputes over what types of structures qualify for protection. The attorney fee provision would provide enforcement incentive for owners whose installation rights are violated. Associations concerned about visual uniformity or property values would have limited ability to restrict these structures beyond reasonable regulations.