Arizona HOA Statutes
>> Guidelines to Purchasing a Solar Water Heating System
>> Solar Customers' Bill of Rights
It has been the longstanding policy of the Arizona Legislature to support the private property rights of all Arizona homeowners to invest their financial resources in the installation of solar energy devices. The Arizona Legislature has affirmed the right of Arizona homeowners to reduce their energy consumption and save financial resources through an investment in solar energy, an investment free from the restrictions of CC&R’s (Conditions, Covenants and Restrictions) nullified through this section since 1980.
These restrictions are commonly enforced by builders, developers and homeowners associations. Such restrictions increase solar system cost, unnecessarily delay installations, reduce system performance, shorten system life, and generally discourage the use of solar energy by Arizona citizens of all walks of life and all levels of economic status. These restrictions prevent Arizonans from taking advantage of the economic, environmental, and public health, benefits that solar energy provides. This Legislature supports greater use of solar energy devices so that all Arizona citizens can make a cost-effective investment in solar energy that will provide energy savings and clean energy to the purchaser and the economic development and air quality benefits to all of Arizona.
Arizona Revised Statues
33-439. Restrictions on installation or use of solar energy devices invalid; exception
A. Any covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property which effectively prohibits the installation or use of a solar energy device as defined in section 44-1761 is void and unenforceable.
B. A deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property entered into before April 17, 1980 shall not be subject to the provisions of this section.
33-1816. Solar energy devices; reasonable restrictions; fees and costs
A. Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of a solar energy device as defined in section 44-1761.
B. An association may adopt reasonable rules regarding the placement of a solar energy device if those rules do not prevent the installation, impair the functioning of the device or restrict its use or adversely affect the cost or efficiency of the device.
C. Notwithstanding any provision of the community documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.
>> About Solar Water Heating
SIGN ME UP