The new AZ statutes regarding summertime construction hours, i.e., ARS Sections 9-500.52 (Municipalities) and A.R.S. 11-269.30 (Counties), prohibit municipalities and counties from restricting properly permitted construction activities during the specified hours (5am-7pm business days, 7am-7pm Sat, 1 hr earlier for concrete pouring) and specified months (May 1 – October 15). Therefore, HOAs can be more restrictive with hour limitations on construction activities because these statutes apply only to municipalities and counties.
What this could change for Associations is that they may have to utilize enforcement mechanisms provided in their governing documents, rather than relying on municipalities/counties for code enforcement, against construction activities falling outside the Association’s permitted hours but within the hours allowed in the new statutes.
HOA governing documents are contracts between property owners and associations, by which property owners agree to be bound upon their purchase of a property under the governance of an association. Absent a state or local law that specifically prohibits HOAs from restricting construction activity hours, HOAs are permitted (in compliance with the provisions of their governing documents) to pass rules/restrictions on hours of construction that are more restrictive than existing local or state laws. As a reminder, this new law was an emergency measure that went into effect immediately upon the signature of Governor Hobbs on May 13, 2025.
For questions regarding new laws, please contact Mulcahy Law Firm, P.C. at info@mulchaylawfirm.com.
