Arizona law voids HOA covenants that effectively prohibit solar energy devices, preempting community restrictions and requiring associations to allow reasonable installations under A.R.S. Section 33-1816.
A.R.S. Section 33-1816 (planned communities) and A.R.S. Section 33-439 declare void any covenant, restriction, or condition that effectively prohibits the installation or use of a solar energy device. HOAs may adopt reasonable rules regarding placement so long as those rules do not impair the function of the device or significantly increase its cost. This preemption applies uniformly to all planned communities and condominium associations in Arizona, overriding any contrary CC&Rs adopted by HOAs.
Homeowners can bring civil actions against HOAs that enforce prohibited restrictions, with possible recovery of attorney fees and injunctive relief.
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