Last updated: June 16, 2026
By Anjali Patel, Tyler Allen Law Firm
Anjali Patel is an attorney at Tyler Allen Law Firm in Phoenix who represents Arizona homeowners in disputes with their HOAs and condominium associations, from assessments, liens, and fines to architectural fights, enforcement, and board overreach. She writes about Arizona homeowner law so owners know their rights before a problem reaches their front door.
The Arizona Legislature wrapped up its 2026 session on June 13, and it was a busy year for anyone who lives in a homeowners association or condominium. Several bills that shift a little power back toward homeowners made it through. Two have already been signed into law. A handful of others have passed both chambers and are now sitting with the Governor, who will either sign or veto them.
Here is the plain-language rundown of what passed, what each measure actually does, and exactly where it stands as of today. Because some of these are still pending, this is a snapshot. Check the date above for how current it is. I will update this page as the Governor acts.
One note on timing that applies to almost everything below. Arizona laws that do not carry an emergency clause all take effect on the same general date, roughly September 2026 (the 91st day after the Legislature adjourned). So the two bills already signed, and any pending bill that gets signed, would all take effect at about the same time this fall.
Signed into law
Your HOA can no longer ban backyard shade structures (HB 2342)
This one is now law and takes effect around September 2026. A planned-community HOA can no longer prohibit you from installing or using a shade structure in your backyard. That includes umbrellas, awnings, shade sails, gazebos, pergolas, and canopies, as long as they are commercially produced or professionally manufactured.
Your association can still adopt reasonable rules about the size, placement, and appearance of the structure. But those rules cannot prevent you from installing it, interfere with how it works, restrict how you use it, or unreasonably drive up its cost, and they cannot be stricter than your city or town’s zoning rules on height and setbacks for a single-family home. Two limits worth knowing: the protection covers backyards, not front or side yards, and it applies to planned communities, not condominiums.
Your association now has a legal duty to treat you fairly (HB 4011)
Also signed, also effective around September 2026, and it applies to both planned communities and condominiums. Associations now have a statutory duty to act reasonably when they exercise their discretionary powers, which the law defines as acting neutrally, fairly, without favoritism, and in a nonarbitrary way.
In practice, that gives you a standard to point to when a board enforces a rule against you while letting a neighbor slide, or applies a rule in a way that feels arbitrary. For condominium owners, the same law also tightens how an association has to handle a notice of violation and holds up its enforcement and its collection of attorney fees until it gives you the required information about the alleged violation. It also points condo owners toward an administrative hearing at the Arizona Department of Real Estate if there is a dispute.
Passed and waiting on the Governor
These have cleared the Legislature and have been sent to the Governor to sign or veto. None of them is law yet. If signed, they would take effect on the same approximate September 2026 timeline.
A lot more disclosure before you buy (HB 2397), sent to the Governor June 13, 2026
This is the big one for anyone buying or selling in a community, and it was roughly ten years in the making. It would significantly expand the packet of information an association has to give a buyer before a sale closes, for both condominiums and planned communities.
Along with the bylaws and declaration, the disclosure would have to include recent board meeting minutes, the association’s financial statements, any outstanding and unresolved violation tied to the property, insurance coverage details, whether the community is still under developer control, and whether investors own a large share of the units. It also caps what the association can charge for the disclosure, and it lets a buyer or a seller recover damages and attorney fees if the association or the owner knowingly or recklessly fails to disclose what is required or hands over materially false or misleading information. If you have ever bought into a community and discovered the real story only after closing, this is the bill meant to fix that.
Condo foreclosure protection catches up to planned communities (SB 1246), sent to the Governor June 9, 2026
If you own a condominium, this is the one to watch. Right now condo owners do not have the strong foreclosure protection that planned-community owners already received (more on that below). SB 1246 would close that gap. It would bar an association from starting a foreclosure unless your unpaid assessments reach $10,000 or run 18 months, whichever comes first, the same threshold planned communities already enjoy. For any special assessment of $10,000 or more, only the 18-month clock would apply, for condos and planned communities alike.
It also helps homeowners on the records side. Associations would have to keep accounts that clearly separate true assessments from fines and other charges, could not enforce charges assessed in violation of the statute or your governing documents, and a member could ask a court to strike an improper charge, along with the fees piled on top of it, during a lien dispute.
No more board votes behind closed doors (SB 1290), sent to the Governor June 12, 2026
This is a small change with a large effect. It would add the words “without action” to the open-meeting law, making explicit that a board may discuss the short list of confidential topics in a closed executive session but cannot vote or take action there. Every board vote would have to happen in an open meeting where members can attend and speak.
Here is the important part: that rule is already in force, bill or no bill. In April 2026 the Arizona Court of Appeals decided exactly this question and held that HOA boards cannot vote in executive session. SB 1290 would simply write the court’s holding into the statute. I covered the decision and what it means for you here: Can an Arizona HOA vote in executive session?
Two flag-display bills (SB 1184 and SB 1808)
Two narrower measures also went to the Governor. SB 1184 would stop associations from prohibiting the display of United States uniformed-services division flags, and SB 1808 would protect the display of certain allied countries’ flags.
Already in effect: the 2025 foreclosure change (SB 1494)
For context, because it is the backdrop to SB 1246. If you live in a planned community, you already have strong foreclosure protection. Under SB 1494, effective September 26, 2025, a planned-community association generally cannot file to foreclose unless you have been delinquent for 18 months or owe $10,000 or more in assessments, whichever comes first. That replaced a much lower bar of 12 months or $1,200, and it counts assessments only, not late fees, interest, or attorney charges.
So planned-community owners are already protected. SB 1246, described above, is mostly about giving condominium owners that same protection. If you are facing a lien or a collection demand and want to understand your options for challenging it, see our deeper guide on HOA liens and how to challenge them.
What to do if you are dealing with your HOA right now
If you have an active dispute, a lien notice, or you have been told you cannot do something on your own property, the changes above may help you, but timing matters. A few of them are not in force yet, the foreclosure protections turn on specific dollar and time thresholds, and the fair-treatment and open-meeting rules depend on the facts of what your board actually did. A short conversation early is almost always cheaper than a fight later.
Frequently asked questions
Are these new laws in effect yet?
Two are signed and take effect around September 2026: the backyard shade law (HB 2342) and the duty to act reasonably (HB 4011). The resale disclosure bill (HB 2397), the condo foreclosure bill (SB 1246), the open-meeting bill (SB 1290), and the two flag bills have passed the Legislature but are still awaiting the Governor’s signature, so they are not law yet. Separately, the 2025 planned-community foreclosure change (SB 1494) has been in effect since September 2025.
I live in a condominium. Did anything change for me?
Yes. The duty to act reasonably (HB 4011) already covers condominiums. And two of the pending bills are especially relevant to you: the resale disclosure expansion (HB 2397) and the foreclosure protection that would finally extend the 18-month or $10,000 threshold to condos (SB 1246). Watch those two.
Can my HOA still fine me or set rules about what I build?
Yes. None of these laws strips an association of the power to adopt reasonable rules or to fine for genuine violations. What changed is the edges: an association cannot ban backyard shade outright, it has to exercise its discretion reasonably and even-handedly, and it has to follow the proper notice and procedure before it enforces.
My board voted on something in a closed meeting. Is that allowed?
No. As of an April 2026 Arizona Court of Appeals decision, HOA and condo boards cannot vote or take formal action in a closed executive session. They can discuss a few narrow confidential topics there, but the vote has to happen in an open meeting. That is already the law, and SB 1290 would lock it into the statute. Details are in our executive session post.
How can I check a bill’s status myself?
The Arizona Legislature posts live bill status at azleg.gov, and the Governor’s office posts signings and vetoes. Or check back here, since I update this page as the Governor acts.
This article is general information about Arizona law and is current only as of the date at the top. It is not legal advice, and reading it does not create an attorney-client relationship. Several of the measures described are pending and may be signed, vetoed, or amended before they become law, and statutes and court decisions can change. Please confirm the current state of the law and consult a licensed Arizona attorney about your specific situation before acting.