Solar Energy
Arizona HOA Solar Devices: A.R.S. 33-1816
Arizona law limits how homeowners associations can restrict solar energy devices and provides for attorney fees and costs in certain court actions. The association's governing documents and later amendments may also apply.
What the law covers
This statute applies to community documents and associations. 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.
Key requirements and limits
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. 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. The provided text does not state any dollar amounts, deadlines, or specific installation fees.
Practical checklist for homeowners
Read your governing documents. Keep copies of notices and correspondence. Check the official text for updates. Review section 44-1761 for the definition of a solar energy device.
Source
A.R.S. 33-1816, official text“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.”
“An association may adopt reasonable rules regarding the placement of a solar energy device”
“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.”
Frequently asked questions
Can an HOA prohibit solar energy devices?
No. The statute says an association shall not prohibit the installation or use of a solar energy device as defined in section 44-1761, notwithstanding community documents.
Can an association make rules about where solar panels are placed?
Yes, but only reasonable placement rules that do not prevent installation, impair functioning, restrict use, or adversely affect cost or efficiency.
Who pays attorney fees if someone wins a lawsuit against the board over this law?
The court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors for a violation of this section.
Does this statute mention deadlines or fees for installing solar devices?
The provided text does not state any dollar amounts, deadlines, or specific installation fees. It addresses reasonable placement rules and attorney fees and costs in certain court actions.
This page is general legal information, not legal advice, and Harrington Community is not a law firm. Statutes are amended over time and your association's governing documents may also apply. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.