ARS 33-1816 prohibits HOAs from banning solar panels and limits aesthetic rules to those that do not increase cost or decrease efficiency by more than 10 percent.
Arizona was among the first states to protect homeowner solar rights. ARS 33-1816 provides that no deed restriction, covenant, or HOA rule may prohibit the installation of a solar energy device on a homeowner's property. HOAs may adopt reasonable rules governing the placement of solar panels but those rules cannot increase the cost of the system by more than 10 percent, decrease system efficiency by more than 10 percent, or prevent installation altogether. This means Oro Valley HOAs in communities like Rancho Vistoso, Vistoso Trails, Sun City, and Stone Canyon cannot ban rooftop solar panels. HOAs may request information about panel placement, color, and mounting method but cannot require unreasonable concealment or relocation that would significantly impair generation. ARS 33-439 further protects solar access by prohibiting local governments and private parties from imposing unreasonable restrictions. Property owners should submit their solar plans to the HOA architectural review committee before installation but cannot be denied based on aesthetic objections alone if the system meets the statutory reasonableness test.
HOA violations of ARS 33-1816 are unenforceable. Homeowners may bring legal action to enforce their solar rights, and courts may award attorney fees to the prevailing homeowner.
Oro Valley, AZ
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Oro Valley, AZ
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Oro Valley, AZ
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Oro Valley, AZ
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Oro Valley, AZ
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