House Bill 2342 — adding A.R.S. § 33-1816.01
Applies only to planned communities, not condominiums.
Continuing our daily series on the new Arizona community association laws, today’s post covers one your owners are likely to ask about first: shade structures in the backyard.
House Bill 2342 became effective on September 12, 2026. It provides that, regardless of the governing documents, associations may not prohibit the backyard installation or use of a shade structure. Associations 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 applicable municipal zoning ordinances regarding shade structure height and setbacks for single-family homes.
The bill 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, awning, shade sail, gazebo, pergola or canopy.”
Associations that want shade structure rules in place should have them drafted or reviewed to fit within these limits. Mulcahy Law Firm is available to assist.
Information in this article reflects the law as of the publication date. Laws are subject to change, and this post may not be updated to reflect subsequent legal developments. Contact Mulcahy Law Firm, P.C. with questions at info@mulcahylawfirm.com.
