Overview
As amended by the strike-everything amendment to SB 1582, this bill proposes the addition of new statutory provisions to the Arizona Planned Communities Act that would significantly limit an association’s ability to regulate household pets and expressly authorize backyard fowl in certain circumstances. The amendment overrides conflicting provisions in community documents and imposes statewide standards on associations.
Key Changes
- Prohibition on Pet Restrictions Based on Breed, Size, or Weight – Prohibits associations from restricting or banning household pets based on breed, size, or weight, and renders any conflicting provisions in governing documents unenforceable—regardless of when adopted.
- Authority Limited to “Reasonable” Behavioral Rules – Allows associations to adopt only reasonable rules related to pet behavior, provided those rules are consistent with applicable federal, state, and local laws.
- Mandatory Allowance for Backyard Fowl – Requires associations to permit up to six fowl (i.e., chickens) in the backyard of a single-family detached residence, subject to specified conditions and limitations.
- Permitted Regulatory Conditions on Fowl – Allows associations to impose limited regulations, including prohibiting roosters, requiring setbacks and enclosure standards, mandating maintenance and sanitation practices, and restricting fowl from running at large.
Legislative Timeline
- March 31, 2026 – Passed House Appropriations Committee as a strike-everything amendment
Impact
If enacted, this bill would significantly curtail an association’s ability to regulate pets and community aesthetics. Associations would lose longstanding authority to impose breed, size, and weight restrictions—tools often used to manage safety concerns, insurance requirements, and community standards. In addition, associations would be required to allow backyard chickens in single-family detached homes, creating potential issues related to noise, odor, sanitation, and neighbor disputes. While some regulatory authority is preserved, the bill represents a material shift away from local control toward state-imposed limitations, increasing operational challenges and potential liability exposure for associations and their boards.