Updated Sept. 17, 2026: This article now includes the new condominium foreclosure threshold, the statutory duty for HOA boards to exercise discretionary powers reasonably and Arizona’s new felony penalties for buying sex.
Several Arizona laws with practical consequences for West Valley residents took effect Saturday, Sept. 12, including changes to homeowners association foreclosures and board decisions, new limits on backyard shade restrictions, higher penalties for repeat distracted-driving violations, restrictions on drone flights near ticketed entertainment events and felony penalties for buying sex.
The date is Arizona’s general effective date for laws passed during the Legislature’s 2026 regular session. Some measures carried different effective dates or emergency clauses, but the Arizona Legislature lists Sept. 12 as the session’s general effective date.
Condo foreclosure threshold rises
Senate Bill 1246, enacted as Chapter 162, raises the assessment-lien foreclosure threshold for condominium associations from one year or $1,200 to 18 months or $10,000.
The word “or” is important. A condominium association may pursue foreclosure when an owner has remained delinquent for 18 months or when the covered debt reaches at least $10,000, whichever condition occurs first. Planned communities already used the 18-month-or-$10,000 standard.
The law creates a separate protection for a special assessment that was initially $10,000 or more. For that assessment, a condominium or planned-community association may foreclose only if the delinquency remains after 18 months. It also requires a board to make reasonable efforts to communicate with the owner and offer a reasonable payment plan before beginning foreclosure.
The change does not erase unpaid assessments or prevent other collection methods allowed by law. It changes when an association may use its lien to foreclose.
HOA boards now have an express reasonableness duty
House Bill 4011, enacted as Chapter 125, applies to condominium associations and planned communities. It says an association has a duty to act reasonably when exercising discretionary powers.
The statute defines that duty as exercising discretion “neutrally, fairly, without favoritism and in a nonarbitrary fashion.” That language provides a statutory standard for decisions such as rule enforcement and architectural requests. It does not guarantee that every disputed decision will be reversed; the facts and governing documents still matter.
Planned-community HOAs must allow qualifying shade structures
House Bill 2342, enacted as Chapter 90, prevents an association in a planned community from prohibiting the backyard installation or use of a qualifying shade structure. The provision does not apply to condominiums.
An association may still adopt reasonable rules governing size, placement or appearance, but those rules cannot prevent installation, impair the structure’s function, restrict its use or unreasonably increase its cost. HOA rules also cannot be more restrictive than the city or town’s zoning ordinances for height and setbacks.
The law defines a shade structure as a commercially produced or professionally manufactured movable or permanent structure designed to protect an area from sunlight. Its examples include an umbrella, awning, shade sail, gazebo, pergola or canopy.
West Valley homeowners should still check their association’s architectural process and the applicable city or town rules before installing a structure.
Repeat distracted-driving fine rises to $400
House Bill 2109 increases the civil penalty for a second or subsequent violation of Arizona’s handheld-device law to $400. The previous range was $150 to $250. The first-offense range remains $75 to $149.
The law also adds a $150 civil penalty when a violation results in a collision involving a motorcycle.
Arizona’s underlying hands-free law generally prohibits drivers from holding or supporting a cellphone or other stand-alone electronic device while operating a vehicle. Voice-based communication and hands-free use remain allowed, along with limited actions such as starting or ending a function. The Arizona Department of Public Safety’s hands-free guide explains the restrictions and exceptions.
Drone restriction reaches beyond ticketed venues
Senate Bill 1160 generally makes it a class 1 misdemeanor to operate a drone within one mile of, or one mile above, a qualifying ticketed entertainment event without written consent or another exemption specified in the law.
The restriction can matter beyond a stadium or concert venue’s property line. In the West Valley, drone operators near major events at State Farm Stadium in Glendale or Phoenix Raceway near Avondale should check the event boundary and the law before taking off. Federal Aviation Administration airspace rules continue to apply separately.
Authorized event operators, law enforcement and certain other operators are covered by exceptions in the enacted measure. Recreational and commercial pilots should not assume that an FAA certificate alone provides permission to fly inside the new state exclusion area.
Buying sex is now a felony
Senate Bill 1535 separates the penalties for the two sides of a prostitution transaction. Under the revised A.R.S. § 13-3214, knowingly paying, agreeing to pay or offering to pay for sexual conduct is a class 6 felony. Knowingly offering, agreeing or receiving payment remains a class 1 misdemeanor for a first through third violation.
A first buyer-side conviction carries at least 15 consecutive days in jail. The minimum rises to 30 days for a second violation and 60 days for a third, when the court also must order an education or treatment program. A fourth or later buyer-side violation is a class 4 felony with at least 180 consecutive days in jail. The statute bars probation or suspension of the sentence until the required jail term is served.
The law preserves an affirmative defense for a person whose conduct in offering or receiving payment resulted directly from being a sex-trafficking victim. It also allows cities and towns to continue enforcing local prostitution ordinances when their misdemeanor punishment is at least as stringent as state law.
Each buyer-side conviction also carries a mandatory, nonwaivable $200 court assessment for Arizona’s anti-human trafficking grant fund.
What residents should check
HOA residents should first determine whether their association is legally organized as a condominium or a planned community because the new provisions do not all apply in the same way. Owners facing a collection dispute should keep account statements and notices, request the association’s written policy and distinguish regular assessments from a special assessment, fines and legal costs.
Anyone planning a backyard shade structure should compare the association’s written rules with municipal zoning requirements. Drivers should keep devices mounted and hands-free, and drone pilots should verify state and federal restrictions before operating near a major event. The prostitution-law change applies statewide, including in West Valley municipal and county courts.
This article summarizes selected provisions for general information and is not legal advice.
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