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Beatrice Charles ABC 15/ABC 15 Arizona

'We are just asking for shade, in Arizona of all places': New bill would mean HOAs can't block you from blocking the sun

In Chandler, Arizona, there are more than 300 sunny days per year, and the average temperature is 85 degrees, according to Visit Chandler. With such an abundance of sunshine, it’s not surprising that one family in Chandler decided to put up a shade structure in their backyard.

What is surprising, though, is what happened next. As ABC 15 reported, their HOA demanded they take it down, as it didn’t comply with their guidelines — and took the matter to court. Now four years later, a new law that would allow Arizona residents to install backyard shade structures is making its way to the governor’s desk.

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Here’s how a quest for shade led to a potential change in the law.

Shade denied

Beatrice Charles and her husband thought they did everything right when they built a shade structure in their backyard. They followed the city zoning code, got approval and created a design that fit the family’s needs perfectly.

“We put it here because we basically designed our yard from scratch, my husband and I,” she told ABC 15. They set up a splash pad for their son and enjoyed eating outside during the cooler months — until the HOA came along and ruined their fun.

The HOA said that the structure didn’t meet the neighborhood rules and forced the Charles family to take it down, leaving nothing but a built-out platform where the gazebo once stood.

“I just don’t understand shade is just, gosh, it’s just one of those human right things, it’s like come on, we are just asking for shade, in Arizona of all places,” Charles said.

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The backyard battle could change HOA restrictions

While many homeowners might have just accepted the loss of their gazebo, the Charles family didn’t back down.

The family went to court to fight for their right to keep the structure, and when they lost, Beatrice Charles actually turned to her state representative for help.

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Representative Stacey Travers was inspired to sponsor a bill that allows Arizona homeowners to put up any commercially manufactured shade structure in their yard, regardless of HOA restrictions.

“You can buy one, and you can put it in your yard, and that supersedes any HOA CC&R,” Travers told ABC 15. The bill was passed by The Arizona House and is heading to the governor’s desk to be signed.

Americans are fed up with HOAs, and lawmakers are responding

Arizona’s bill is the first of its kind to ban HOAs from restricting shade structures, but it is far from the only bill aimed at reining in HOA excesses.

A recent study by 2-10 found that one in three Americans who live under an HOA have had an experience with their neighborhood association that made them want to leave their community.

Lawmakers are taking steps to help these fed-up homeowners, with numerous laws passed in recent years, including an HOA Bill of Rights in Minnesota that was signed into law this year and a Property Owners’ Bill of Rights in Georgia. Plus, of course, this new pending Arizona law.

If homeowners like the Charles family refuse to take unreasonable HOA actions without a fight, these laws may continue to expand and give homeowners more freedom to make their homes truly their own. The Charles family’s fight definitely made a splash, and soon, hopefully, their son can continue his splashing too.

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Christy Bieber Freelance Writer

Christy Bieber has 15 years of experience as a personal finance and legal writer. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.

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