Homeowners' associations in planned communities may not ban the backyard installation or use of shade structures like umbrellas, awnings, shade sails, gazebos, pergolas or canopies, even if the community documents say otherwise, though they may set reasonable rules on size, placement and appearance.
Official title: homeowners' associations; shade structures
- September 12, 2026
What changes
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NowA homeowners' association may not prohibit the backyard installation or use of a shade structure, even if the community documents allow it to.
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NowAn association may adopt reasonable rules on the size, placement or appearance of a shade structure, but only if those rules do not prevent installation, impair how it works, restrict its use or unreasonably affect its cost.
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NowAn association's rules on shade structures may not be more restrictive than the local city or town zoning rules on shade structure height and setbacks (required distances from property lines) for a single-family home.
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NowA "shade structure" is defined as a commercially produced or professionally manufactured movable or permanent structure designed to protect an area from sunlight, including an umbrella, awning, shade sail, gazebo, pergola or canopy.
Who it affects
- Residents of planned communities with homeowners' associations
- Homeowners' association boards
What you need to do
Nothing.
What the law doesn't answer
- Whether the law covers shade structures in front yards or side yards
- Whether it applies to homemade or non-professionally built structures
- What happens if an association violates this law or how residents can enforce it
- Whether it applies to shade structures already installed or to rules already in place
- How rules apply in communities in unincorporated areas without city or town zoning
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.