Seven Arizona laws affecting homeowners’ associations, passed in the 2026 legislative session, take effect on September 12, 2026. Most tilt toward homeowners — more open meetings, a fairness standard for board decisions, stronger protection against foreclosure, and new rights around flags and backyard shade. Here is what is in each one.
1. Open meetings get teeth — SB1290 (Ch. 222)
Amends A.R.S. § 33-1804 (planned communities). A closed (executive-session) portion of a meeting is now limited to consideration without action of a short list of topics (legal advice, litigation, personal/financial matters, an employee issue, or a member’s violation appeal). The board may discuss those privately but may not vote or take any action in executive session — decisions must happen in the open meeting.
2. A “duty to act reasonably” — HB4011 (Ch. 125)
Adds A.R.S. § 33-1242(E) (condominiums) and new A.R.S. § 33-1821 (planned communities). For the first time, associations have a legal duty to act reasonably in the exercise of their discretionary powers — defined as acting neutrally, fairly, without favoritism, and in a non-arbitrary fashion. This gives owners a standard to challenge a heavy-handed or selectively enforced decision, instead of being told the board has unlimited discretion.
3. Stronger protection against HOA foreclosure — SB1246 (Ch. 162)
Amends A.R.S. § 33-1256 (condominiums) and A.R.S. § 33-1807 (planned communities). An association’s assessment lien can now be foreclosed only after the owner is 18 months delinquent or owes $10,000 or more (whichever comes first), and a special assessment of $10,000+ uses the 18-month threshold. That raises the bar before an association can take a home over unpaid dues.
4. Military division flags protected — SB1184 (Ch. 154)
Amends A.R.S. § 33-1261 (condominiums) and A.R.S. § 33-1808 (planned communities). Associations may not prohibit the outdoor display of the division flags of the U.S. Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, added to the existing list of protected flags.
5. Allied-nation flag protected — SB1808 (Ch. 243)
Also amends § 33-1261 and § 33-1808. The list of flags an association cannot prohibit now also includes the flag of a specified U.S.-allied nation (a non-NATO ally established May 14, 1948).
6. Backyard shade structures — HB2342 (Ch. 90)
Adds new A.R.S. § 33-1816.01 (planned communities). An association cannot prohibit a member from installing or using a shade structure in their backyard. It may adopt reasonable rules on size, placement, or appearance — but not rules that block, impair, or unreasonably burden the structure.
7. Resale disclosure updated — HB2397 (Ch. 249)
Amends the resale statutes, A.R.S. § 33-1260 (condominiums) and A.R.S. § 33-1806 (planned communities). When a home in an association is sold, the seller must electronically transmit the required resale information to the buyer within 10 days of accepting the offer, with specific procedures for larger communities of 50 or more units.
The bottom line
Together, the 2026 laws push board business into the open, hand owners a fairness standard, make it harder to lose a home over assessments, and expand what owners can display and build on their own property. All take effect September 12, 2026, and apply statewide. Browse the affected sections in our Arizona HOA law library.
BadHOA is a free, independent, noncommercial Arizona resource on homeowners’-association law. This is general information, not legal advice. For exact statutory language, follow the section links above or read the session laws at azleg.gov.