In Arizona’s blazing heat, shade can lower temperatures by 30 degrees or more.
Homeowners associations are no longer be able to enforce as many restrictions on umbrellas, awnings, shade sails, pergolas or other shade structures in backyards after Gov. Katie Hobbs signed House Bill 2342 on Friday.
HOAs can still put some restrictions on the style, placement or size of shade structures. But they are prohibited from putting outright bans on shade structures in backyards.
Rep. Stacey Travers (D-Chandler) said she sponsored the bill after being contacted by a constituent who had been required by her HOA to remove a backyard pergola.
“Our backyard went from a comfortable oasis where our son could play year round, to now having to keep him inside because of safety reasons,” the constituent wrote in comments shared by Travers during a February House committee hearing. “We live in one of the hottest states and the fact that the HOA has the power to regulate how much shade is adequate for our family makes me feel like I failed my kid.”
Travers told the committee shade is important for comfort as well as long-term sustainability as Arizona’s temperatures rise.
“Allowing reasonable flexibility for pergolas, awnings and other manufactured and well designed shade solutions helps homeowners protect their families from excessive heat, reducing energy costs, and creates more usable outdoor living spaces,” Travers said.
The Arizona Association of Community Managers, an organization representing HOAs, took a neutral position on the bill.
The law will take effect on the General Effective Date, which is likely to fall in September.
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