CHANDLER, AZ — A bill making its way through the state legislature would make sure Arizona homeowners are able to install the shade they want in their backyards, despite some HOA rules.
A fight that started for one Chandler family nearly four years ago may soon lead to a change in state law.
Beatrice Charles says she and her husband built a shade structure in their backyard that was approved and complied with city zoning code.
"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.
It's a place where they can eat outside in the cooler months and was designed with their outdoor-loving son top of mind.
"We usually set up like a splash pad inside the gazebo and his toys in there, he would just play all day," Charles said.
Now all that's left is a built-out platform — a visible reminder of what they almost had.
Soon after they put the gazebo up, Charles says their HOA told them they had to take it down because it didn't meet their rules. The issue went to court, and they had to remove the structure.
She turned to her state representative, and a house bill was created.
"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.
Representative Stacey Travers sponsored the bill. She says it would allow any Arizona homeowner to install a commercially manufactured shade structure in their backyard.
"You can buy one and you can put it in your yard and that supersedes any HOA CC&R," Travers said.
The Arizona House passed the bill Monday afternoon. It now heads to the governor's desk.
Scripps reached out to the HOA of their neighborhood for comment but did not hear back.
