2026-09-10 · Arizona · Compliance · Did not pass

Three Arizona HOA measures are being described online as new law taking effect this month. All three died in the legislature. The Arizona Legislature's own bill records show no governor's action and no chapter number for any of them.

The timing is what makes this worth a standalone article. Seven association bills genuinely do take effect on September 12, 2026, and in the wash of coverage around that date, bills that passed one chamber by wide margins are being reported as though they crossed the line. Each of these three passed the House comfortably, which appears to be the source of the error.

1. Drought overseeding — HB 2185 — did not pass

HB 2185 would have barred an association from requiring a member to overseed or water a lawn during a drought declared under A.R.S. § 26-309. It would have amended A.R.S. § 33-1242 and added a new § 33-1821.

It passed the House 52–2. It was then referred to the Senate Government Committee, which took “No Action” on March 2, 2026. It died there.¹

So an Arizona association may still, as far as this statute is concerned, require live turf during a declared drought. Owners relying on a protection that does not exist are the people this misreporting hurts.

2. Board action by written consent — HB 2128 — did not pass

HB 2128 would have removed associations' ability to act by unanimous written consent under A.R.S. § 10-3821 once declarant control ended, forcing decisions into noticed meetings. It touched §§ 10-3821, 33-1248 and 33-1804.

It passed the House 49–0 and died in the Senate.²

Written consent under § 10-3821 therefore remains available to Arizona association boards. This one is especially easy to conflate with a change that did happen: SB 1290 amended § 33-1804 to bar action in a closed meeting. Those are different rules. SB 1290 is law; HB 2128 is not.

3. Dog breed and size restrictions — SB 1582 and HB 4017 — did not pass

Three bills would have voided association restrictions based on a dog's or cat's breed, size or weight. SB 1582, carrying the provision as a strike-everything amendment adding a § 33-1816.01, passed the House 52–2 on June 9, 2026 — and then died four days later, on sine die, with the disposition “Held awaiting Concurrence or Conference.”³

It came closer than any other failed association bill this session. It is still not law, and breed and weight restrictions in Arizona community documents remain enforceable on their own terms.

1. HB 2185 (2026), Arizona State Legislature bill status — no governor action, no chapter; Senate Government Committee “No Action” March 2, 2026 ↩
2. HB 2128 (2026), Arizona State Legislature bill status — passed House 49–0, held in Senate ↩
3. SB 1582 (2026), Arizona State Legislature bill status — passed House 52–2 June 9, 2026, held awaiting concurrence at sine die ↩
4. HB 2185, House Engrossed text — the drought overseeding provision that did not become law ↩
5. HB 4011, Chapter 125, Laws 2026 — an example of what an enacted Arizona bill looks like ↩