Arizona law under ARS 33-1816 prohibits HOAs from banning or unreasonably restricting solar energy device installation. Rancho Sahuarita and other HOAs may require architectural review but cannot effectively prevent solar panel installation.
Arizona Revised Statutes Section 33-1816 is one of the strongest solar access laws in the country. It prohibits HOAs and other deed-restricted communities from banning or unreasonably restricting the installation or use of solar energy devices on residential property. The law means that while Rancho Sahuarita and other Sahuarita HOAs can require architectural review for solar panel installations, they cannot deny installation based on aesthetic preferences alone. The HOA may regulate the placement of panels to the extent that the regulations do not significantly increase the cost or decrease the efficiency of the system. Regulations that add more than $2,000 in installation costs or reduce system output by more than 20 percent are considered unreasonable under the statute. This means HOAs generally cannot require that panels be hidden from street view if doing so would significantly reduce production or increase costs. The HOA can require that ground-mounted panels comply with setback requirements and that installations be professionally done. Arizona CC&R provisions that conflict with ARS 33-1816 are void and unenforceable. Property owners who believe their HOA is unreasonably restricting solar installation can pursue legal remedies including attorney fees recovery.
HOA restrictions violating ARS 33-1816 are void. Property owners may recover attorney fees for enforcement of solar access rights. HOA may face court orders to remove unreasonable restrictions.
See how other cities in Pima County handle hoa restrictions.
See how Sahuarita's hoa restrictions rules stack up against other locations.
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