HOA Law Jonathan Dessaules HOA Law Jonathan Dessaules

Arizona HOA Pet Restrictions and Two Bills that Didn’t Become Law

Two bills in the 2026 session would have changed that for planned communities, and one of them came within a Senate hearing of the governor’s desk. The bills would have banned planned communities from placing restrictions or limits on household pets based on breed, size, or weight.

House Bill 4017

House Bill 4017 would have added a new section to the Planned Communities Act providing, notwithstanding anything in the community documents, an association may not prohibit or limit a household pet by breed, size, or weight. Any provision to the contrary would have been unenforceable, whether adopted before or after the effective date. Associations could still adopt reasonable rules about barking, aggression, leashes, waste, and animals in the common areas, so long as those rules were consistent with federal, state, and local law.

The practical effect of HB 4017 would have been to shift pet regulation from what an animal is to what it does. HOAs would not have been allowed to ban or restrict household pets based on breed, size, or weight, but could still regulate behavior and nuisance issues. A board could not turn away a sixty-pound dog because of the number on the scale. It could still fine the owner whose sixty-pound dog bit a neighbor or dug up the common-area turf.

When HB 4011 failed to get a floor vote, it was moved into SB 1582.

SB 1582

The revised proposed statute was broader and allowed HOAs to adopt reasonable rules on pet behavior. It also included a provision that would have entitled owners to keep up to six chickens in their backyards. 

Neither HB 4017 nor SB 1582 were signed into law. However, the conditions that led to HB 4017 and later SB 1582 have not gone away.  The pets lost this round, but there’s every reason to believe this will resurface in future legislative acts.

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HOA Law Jonathan Dessaules HOA Law Jonathan Dessaules

Arizona’s New HOA Reasonableness Statute:

Arizona homeowners have had the right to reasonable treatment from their HOA for nearly twenty years. Most of them never knew it. That is the problem that House Bill 4011 was written to fix.

Governor Hobbs signed HB 4011 on June 4, 2026. The bill adds a new A.R.S. § 33-1821 for planned communities and amends A.R.S. § 33-1242 for condominiums. Both provisions say the same thing. An association has a duty to act reasonably in the exercise of its discretionary powers, and “duty to act reasonably” means exercising those powers neutrally, fairly, without favoritism, and in a nonarbitrary fashion.

The law takes effect September 12, 2026, ninety days after the Legislature adjourned. Until then, the old rule applies. As it turns out, the old rule is the same rule.

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HOA Law Jonathan Dessaules HOA Law Jonathan Dessaules

HOA Isn't Maintaining the Common Areas…

This is one of the most common questions Arizona homeowners ask, and the instinct behind it is sound. You are paying for landscaping that is dead, a pool that is closed, or a gate that has not worked since spring. Withholding feels like the obvious response. 

It is also the one move that reliably hurts more than helps a homeowner, and it can have devastating effects. 

(So, short answer, no. And doing it will cost you the leverage you currently have) … Learn what you can do instead.

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HOA Law Jonathan Dessaules HOA Law Jonathan Dessaules

Your HOA Wants You to Pay Its Lawyers. Arizona Law Says Not So Fast.

When a dispute with your HOA turns ugly, the association's favorite threat usually follows. Pay up, or you'll owe our attorney fees too. Sometimes that threat is real. Often it is overstated.

Arizona law places meaningful limits on an association's ability to collect legal fees, and homeowners should never assume a demanded fee is enforceable just because it appears on a ledger.

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HOA Law Jonathan Dessaules HOA Law Jonathan Dessaules

Your HOA Returned Your Check... That May Be the Point.

Here is a pattern we see more often than you would expect...

A condominium owner falls a few dollars behind, sometimes because the association raised assessments without telling anyone. The account goes to a collection law firm. The owner keeps sending assessment checks. The checks come back uncashed. The balance grows with late fees, collection charges, fines, and attorneys’ fees no court has awarded. Eventually, the association sues to foreclose, and the complaint recites that the owner “failed to pay.”

The owner did not fail to pay. The owner was refused. And Arizona law has quite a bit to say about that. 

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HOA Law Jonathan Dessaules HOA Law Jonathan Dessaules

Arizona HOAs Can No Longer Ban Backyard Shade Structures

Arizona homeowners just won a meaningful fight with their HOAs. Governor Hobbs signed House Bill 2342 into law in late May 2026, adding a new section to the Planned Communities Act, A.R.S. § 33-1816.01. Once the law takes effect in September 2026, a homeowners association may not prohibit the installation or use of a shade structure in your backyard, no matter what the community documents say.

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