Summary of 2026 Pending Arizona Legislation Pertaining to HOAs and Condos
Updated: April 27, 2026
**Note: Arizona legislative bills contained herein that have been updated on the above-reference date, have not been adopted by the Arizona Legislature and are subject to change. **
The Arizona Legislature opened the Fifty-seventh Legislature – Second Regular Session on Monday, January 12, 2026, and there have been numerous community association bills introduced this legislative session. Every week during the legislative session, Mulcahy Law Firm P.C. will provide this summary of proposed bills impacting community associations.
If you would like to be involved in the legislative process, please go to the Arizona Legislature website, www.azleg.gov, to find lists of legislators, phone numbers, and calendars regarding committee work. Or, please feel free to contact Beth Mulcahy, Esq. any time with questions regarding the status of bills or the legislative process.
All the bills listed below apply to both planned communities and condominiums unless otherwise indicated.
Senate Bills –
SB 1083 – HOMEOWNER’S ASSOCIATIONS; ADDRESS LIGHTS
(SAME AS LAST YEAR’S SENATE BILL THAT DIED IN THE HOUSE.)
Moved to HOUSE – 2/12/26
SB 1151 – HOMEOWNERS’ ASSOCIATIONS; OPEN MEETINGS
SB 1158 – DISPUTE RESOLUTION PROCESS; REAL ESTATE
SB 1184 – HOAS; UNIFORMED SERVICES DIVISION FLAGS: Provides that “a division flag of the Army, Navy, Marine Corps, Air Force, Space Force or Coast Guard” is included as flag of the uniformed services of the United States that may not be prohibited. Defines “Division Flag” as “a flag that is officially authorized by the United States Army, Navy, Marine Corps, Air Force, Space Force or Coast Guard to represent a division level unit, that bears the unit’s approved insignia, designation or nickname and that is used for ceremonial, identification or representational purposes.” Also eliminates ARS Section 33-1261(L) which states that condominium associations will forfeit lien rights for 6 months if they illegally prohibit the display of a for sale, for rent or for lease signs.
Moved to HOUSE – 2/25/26
SB 1246 – HOAs; EXPENSE LIENS; SPECIAL ASSESSMENT: Aligns condominium foreclosure thresholds with the changes made last year to planned community foreclosure thresholds; i.e., the earlier of 18 months or $10,000 instead of one year or $1,200. For both condominiums and planned communities, provides that for any special assessment with an initial value of $10,000 or more, only the eighteen-month delinquency threshold applies.
Moved to HOUSE – 2/27/26
SB 1260 – HOAS; COMPLAINTS; DISPOSITIONS; ONLINE ACCESS
SB 1290 – OPEN MEETINGS; PLANNED COMMUNITIES: This bill would effectively prohibit any action to be taken in a closed meeting of the board by adding the phrase “without action” to the final sentence of the ARS Section 33-1804(A) introductory paragraph (dealing with closed meetings), so that it would read as follows: “Any portion of a meeting may be closed only if that closed portion of the meeting is limited to consideration WITHOUT ACTION of one or more of the following:”
Applies to Planned Communities ONLY.
Moved back to SENATE – 4/21/26
SB 1438 – HOA VOTING; ELECTIONS; BALLOT MEASURES
SB 1440 – HOAS; CONDOMINIUMS; ENFORCEMENT; DUE PROCESS
SB 1450 – CONDOMINIUMS; CONSTRUCTION DEFECTS; ACTIONS; PROCEDURES
Applies to Condominiums ONLY.
SB 1480 – CRIME-FREE LEASE ADDENDUM; RENTERS
SB 1500 – CONDOMINIUMS; PLANNED COMMUNITIES; ASSESSMENTS
SB 1582 – BACKYARD FOWL REGULATION; PROHIBITION; EXCEPTION; DEFINITION
Precludes associations from limiting household pets by breed, size or weight regardless of the governing documents and allows associations to adopt reasonable rules regarding pet behavior. (Similar to HB4017 cited below.) Requires associations to allow up to six chickens in the backyard of single family homes, regardless of the governing documents. Allows associations to: (a) Prohibit male fowl/roosters; (b) Require chicken enclosures in specific locations and sizes; (c) Require enclosure maintenance and manure removal at least twice weekly; (d) Require composted manure to be kept in a way that prevents insects; (e) Require adequate overflow drainage for water sources; (f) Require feed to be stored in insect/rodent-proof containers; and (g) Prohibit chickens from running at large.
Applies to Planned Communities ONLY.
Moved to HOUSE 3/16/26
SB 1659 – HOMEOWNERS’ ASSOCIATIONS; RULEMAKING
SB 1674 – HOMEOWNERS’ ASSOCIATIONS; RULES; ENFORCEMENT
SB 1722 – HOMEOWNERS’ ASSOCIATIONS; MEETINGS; QUORUM
SB 1729 – PET OWNERSHIP LIMITS; PLANNED COMMUNITIES
Applies to Planned Communities ONLY.
SB 1806 – HOMEOWNER’S ASSOCIATIONS; DECLARATION AMENDMENT
SB 1808 – HOMEOWNERS’ ASSOCIATIONS; ALLIED COUNTRIES’ FLAGS: Regardless of the governing documents, associations may not prohibit the display of a flag from a nation that is allied with the United States as a major non-NATO ally and that was established on May 14, 1948.
Moved to HOUSE – 2/27/26
House Bills –
HB 2128 – HOMEOWNERS’ ASSOCIATIONS; CONDOMINIUMS; ACTIONS; MEETINGS: Provides that ARS Section 10-3821 of the Arizona Nonprofit Corporation Act, which addresses action without meeting, does NOT apply to planned community or condominium associations or their Boards of Directors after the termination of the period of declarant control.
Moved to SENATE – 3/5/26
HB 2172 – HOMEOWNER’S ASSOCIATIONS; EXPIRATION
Applies to Planned Communities ONLY.
HB 2185 – HOMEOWNERS’ ASSOCIATIONS; LAWNS; DROUGHT: Provides that an association “may not require overseeding or watering lawns during a drought declaration or drought emergency declaration issued by the Governor invoking Section 26-309.”
Moved to SENATE – 2/26/26
HB 2212 – HOMEOWNERS’ ASSOCIATIONS; LOBBYING; POLITICAL ACTIVITY
HB 2277 – HOAS; FISCAL DUTIES
HB 2342 – HOMEOWNERS’ ASSOCIATIONS; SHADE STRUCTURES: Provides that, regardless of the governing documents, associations may not prohibit the backyard installation or use of a shade structure; but they may adopt reasonable rules regarding size, placement or appearance of a shade structure IF those rules don’t prevent installation, impair function, restrict use or adversely affect cost and are not more restrictive than municipal zoning ordinances regarding shade structure height and setbacks for single-family homes. Also defines “shade structure” as “a commercially produced or professionally manufactured moveable or permanent structure that is designed to protect an area from sunlight, including an umbrella or a shade sail.”
Applies to Planned Communities ONLY.
Passed by SENATE – 4/15/26
HB 2353 – HOMEOWNERS’ ASSOCIATIONS; CUMULATIVE VOTING; PROHIBITION
HB 2397 – HOMEOWNERS’ ASSOCIATIONS; PROPERTY COVENANTS; DISCLOSURES: Makes various changes to the disclosure requirements upon the sale of a unit or property in a condominium or planned community.
Moved to SENATE – 3/4/26
HB 2606 – HOMEOWNERS’ ASSOCIATIONS; RECORDS REQUESTS
HB 2612 – RECORDS REQUESTS; HOMEOWNERS’ ASSOCIATIONS
HB 2613 – HOMEOWNERS’ ASSOCIATION; VIRTUAL MEETINGS; PROXIES
HB 2614 – HOMEOWNERS’ ASSOCIATIONS; ASSESSMENTS; LIENS; PAYMENTS
HB 2743 – HOMEOWNERS’ ASSOCIATIONS; UNLAWFUL PROVISIONS; DAMAGES
HB 2834 – CLAIMS AGAINST HOAS; FILING FEES:
Upon the filing of a petition for hearing with the Arizona Department of Real Estate by an owner or association for violations of the governing documents, Condominium Act or Planned Communities Act, requires the petitioner to pay a filing fee “of $300 per issue claimed in the petition.” This $300 per issue language replaces the current language that such filing fee is “in an amount to be established by the commissioner.”
To Section 33-1270, addressing administration of the Condominium Act by the Department of Real Estate, specifies that the commissioner “shall administer the dispute resolution process authorized under Section 32-2199.01.” Also adds Section 33-1831, addressing administration of the Planned Communities Act by the Department of Real Estate, which substantially mirrors corresponding provisions in the Condominium Act as amended by this bill.
Moved to SENATE – 3/9/26
HB 2909 – DISPUTE RESOLUTION PROCESS; REAL ESTATE
HB 4002 – VACATION RENTALS; SHORT-TERM RENTALS; NOTICE
HB 4008 – CRIME-FREE LEASE ADDENDUM; RENTERS
HB 4011 – HOAS; DUTIES: Imposes upon associations a “duty to act reasonably” in the exercise of their discretionary powers, and describes “duty to act reasonably” as exercising discretionary powers “neutrally, fairly, without favoritism and in a nonarbitrary fashion.”
Moved to SENATE – 2/26/26
HB 4017 – PET OWNERSHIP LIMITS; PLANNED COMMUNITIES: Precludes associations, regardless of the governing documents, from prohibiting or limiting a household pet by breed, size or weight; and states that any governing document provisions to the contrary are unenforceable regardless of when they were adopted. Allows associations to adopt reasonable rules regarding pet behavior that are consistent with federal, state and local laws
Applies to Planned Communities ONLY.
Moved to SENATE – 2/26/26
HB 4045 – CONSTRUCTION DEFECTS; REPAIRS; REPLACEMENTS; REPORTS
Applies to Condominiums ONLY.
HB 4050 – HOMEOWNERS’ ASSOCIATIONS; FORECLOSURE PROCESS
Potentially of Interest to HOAs/Condos-
SB 1473 – ASSISTED LIVING HOME; OCCUPANCY
This law was signed by the Governor on April 7, 2026 and is directed at cities and counties—not HOAs. However, it is relevant to associations because it eliminates certain local government barriers to small assisted living homes (10 or fewer residents) and makes it easier for these homes to operate in residential neighborhoods. As a result, we anticipate an increase in the number of small assisted living homes within HOA and condominium communities. Importantly, this law does not change an association’s ability to enforce its CC&Rs, including restrictions related to parking, noise, and other nuisance-type issues.
Signed by Governor – 4/7/2026
