This bill protects a homeowner's right to install shade structures and sun shades despite HOA aesthetic rules — practical relief in Arizona's climate that limits an association's ability to say no.
In short: Protects a homeowner's right to install shade structures/sun shades despite HOA rules.
Introduced — no action Pro-homeowner
HB2732 adds a new statute (A.R.S. 33-1816.01) barring HOAs from banning backyard shade structures. Associations keep the ability to set reasonable rules on size, placement, and appearance, but those rules cannot effectively block installation or use. It also creates a right to recover attorney fees in enforcement disputes.
For homeowners: Pro-homeowner: it bars HOAs from banning backyard shade structures and confines them to appearance/placement rules that cannot prevent installation or impair use. The mandatory attorney-fee award to a prevailing party gives owners a real way to enforce the right in a hot climate.
What the bill actually does, point by point — from the Arizona Legislature’s official fact sheet.
- An association may not prohibit the backyard installation or use of a shade structure.
- An association may adopt reasonable rules on size, placement, or appearance, as long as they do not prevent installation, impair the structure's function, restrict its use, or adversely affect its cost.
- 'Shade structure' is defined to include a temporary or permanent umbrella, awning, shade sail, gazebo, pergola, or canopy.
- A court must award reasonable attorney fees and costs to any party who substantially prevails in an action against the board.
The A.R.S. sections this bill amends, adds, or repeals — taken from the bill text. Click one to read the current law.
Organizations and industry insiders who registered a position on this bill through the Legislature’s public Request to Speak system — simply where each stood: For, Against, or Neutral. Individual homeowners are not listed. Whether this bill helps or hurts homeowners is our own read, shown by its label above — a group’s position doesn’t set our call. Each row links to that entity’s report card and to the source at azleg.gov.