HB 2138 Summary

• Amends Arizona Revised Statutes section 33-1816 to prohibit homeowners associations from banning the installation or use of evaporative coolers designed primarily for residential cooling purposes.

• Allows associations to adopt reasonable placement rules for evaporative coolers, provided such rules do not prevent installation, impair functioning, restrict use, or adversely affect the cost or efficiency of the device.

• Expands existing protections that previously applied only to solar energy devices to now also cover evaporative coolers.

• Requires courts to award reasonable attorney fees and costs to any party who substantially prevails in legal action against an association's board for violating these provisions.