A.R.S. § 33-1816.01

Planned Communities
Amended effective 2026-09-12. See the amendment history below.

Shade structures

Planned Communities · Effective 2026-09-12 · Text verified 2026-10-01

In plain English: New in 2026 (HB2342, effective Sept. 12, 2026): a planned community association cannot prohibit a member from installing or using a shade structure in their backyard. The association may adopt reasonable rules on size, placement or appearance so long as those rules do not block, impair, or unreasonably burden the shade structure.

33-1816.01 - Shade structures; reasonable restrictions; municipal zoning; definition 33-1816.01. Shade structures; reasonable restrictions; municipal zoning; definition A. Notwithstanding any provision in the community documents, an association may not prohibit the backyard installation or use of a shade structure. B. 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. C. 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.

Bills that change this section

Arizona HOA bills we track that amend § 33-1816.01 — what each would do, and whether it helps or hurts homeowners.

HB2342 homeowners' associations; shade structuresPro-homeownerHB2732 homeowners' associations; shade structuresPro-homeownerSB1083 homeowners' associations; address lightsPro-homeownerSB1535 homeowners' associations; address lightsPro-homeownerSB1582 planned communities; pets; rulesPro-homeowner

Amendment history

  • HB2342 · 2026 (57th, 2nd Reg.) · effective 2026-09-12
    Creates § 33-1816.01: a planned community association cannot prohibit a backyard shade structure; may adopt only reasonable, non-obstructive rules.

Source: A.R.S. § 33-1816.01 — Arizona State Legislature