Arizona Hoa Solar Panel Law

Arizona has solar access laws that are similar to those of california but with less stringency and specificity about what an hoa can and cannot do.

Arizona hoa solar panel law.

This law sustained a legal challenge in 2000. Examples of states that have enacted solar access rights laws including california utah texas arizona and florida. Recently the arizona legislature adopted laws that prevent an hoa from banning for sale signs or solar panels. If you or your client has an issue with an hoa discuss the problem with and ask questions of a real estate attorney familiar with hoa law in arizona.

These are only some of the many rights you have as a homeowner within an arizona hoa. 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. Solar access laws are state level laws that prohibit or limit restrictions on solar installations. Arizona law prohibits hoas from outlawing the installation of solar panels.

There are a few minor exceptions to these rules but generally the hoa cannot interfere in these areas. The statute applies to all arizona condominiums regardless of when the condominium was created. These limitations cannot prohibit solar panels outright or effectively prohibit them by making solar too expensive or complicated to install. The act governs the creation alteration termination and management of arizona condominiums.

Arizona planned communities act a r s. While homeowner associations cannot prevent you from installing solar panels they can set reasonable rules you should follow during installation. Know arizona laws on solar there are two key legislation that can help you as a solar energy owner. This is not a complete list.

Courts have upheld this law. Arizona open meeting law ars 33 1804 condo ars 33 1248. Arizona condominium act a r s. The purpose of these laws is to prevent homeowner s associations from banning solar panels and often also prevents them from having contracts that restrict homeowners from installing solar panels on their homes.

The first was discussed in our previous blog on solar access rights. Hoas can create some limits with regard to solar panel installations. Arizona law protects individual homeowners private property rights to solar access by dissolving any local covenant restriction or condition attached to a property deed that restricts the use of solar energy.