Chandler Family Fight Over Backyard Shade Structure Becomes Arizona State Law
Marcus Whitfield
A backyard gazebo sparks a statewide law
A dispute that began in a Chandler backyard nearly four years ago is now state law. The Arizona House passed a bill Monday afternoon that allows homeowners to install commercially manufactured shade structures in their backyards, overriding any HOA restrictions.
The bill now heads to Governor Katie Hobbs' desk for signature or veto.
The Charles family lost their gazebo to an HOA
Beatrice Charles and her husband built a shade structure in their Chandler backyard. They designed their yard from scratch and placed the gazebo where they felt it worked best. The structure complied with city zoning code and received the necessary approvals.
"We put it here because we basically designed our yard from scratch, my husband and I, we did and we felt that it was better here," Charles said.
The gazebo became a gathering spot for the family. Charles said they set up a splash pad inside it for their outdoor-loving son during cooler months.
"We usually set up like a splash pad inside the gazebo and his toys in there, he would just play all day," Charles said.
Soon after installation, the family's HOA ordered them to remove the structure. The HOA said it did not meet their rules. The issue went to court, and the Charleses were forced to take it down. All that remains is a built-out platform on their property.
Representative Stacey Travers sponsors the bill
Charles turned to her state representative for help. Representative Stacey Travers sponsored the legislation that grew out of the Charles family's experience.
Travers said the bill would allow any Arizona homeowner to install a commercially manufactured shade structure in their backyard. The law supersedes any HOA covenants, conditions, and restrictions.
"You can buy one and you can put it in your yard and that supersedes any HOA CC&R," Travers said.
Charles said she does not understand why shade should be so hard to get in Arizona.
"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.
The bill heads to the governor
The Arizona House passed the bill on Monday afternoon. ABC15 reached out to the HOA for comment but did not receive a response.
The legislation now waits for Governor Hobbs' action. If she signs it, Arizona homeowners across the state will gain the right to install backyard shade structures without HOA interference.