This bill proposes to amend current statutes by adding a new section to Title 33, Chapter 16 of the Arizona Revised Statutes, specifically addressing the installation and use of shade structures in planned communities. Under the new law, A. Notwithstanding any provision in the community documents, an association may not prohibit the backyard installation or use of a shade structure. Additionally, it allows associations to establish reasonable rules regarding the size, placement, or appearance of shade structures, provided these rules do not B. prevent the installation, impair the functioning, restrict the use or adversely affect the cost of the structure and are not more restrictive than the zoning ordinances regarding shade structure height and setbacks for a single-family home in the city or town in which the planned community is located. Furthermore, the bill stipulates that courts must award reasonable attorney fees and costs to any party who prevails in an action against the board of directors for violations of this section, as stated in C. Notwithstanding any provision of the community documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section. Lastly, it defines D. "shade structure" means a temporary or permanent structure that protects an area from excessive light or heat, including an umbrella or awning or a shade sail, gazebo, pergola or canopy.

Statutes affected:
Introduced Version: 33-1816.01