Arizona Solar Rights Act (ARS 33-1816) strongly protects homeowners right to install solar panels. HOAs in Pima County cannot prohibit solar devices. Any HOA restriction that increases installation cost by more than $1,000 or reduces efficiency by more than 10 percent is void and unenforceable under state law.
ARS 33-1816 declares that any covenant, restriction, or condition that prohibits the installation or use of a solar energy device on real property is void and unenforceable. This applies to all HOAs and CC&Rs in Pima County. An HOA may adopt reasonable rules governing solar panel placement (such as preferred orientation or screening from street view), but those rules are invalid if they increase installation cost by more than $1,000 or decrease system efficiency by more than 10 percent compared to the original planned installation. The burden of proof falls on the HOA to demonstrate its restriction is reasonable. Arizona courts have consistently upheld homeowner rights under this statute. Homeowners who are wrongfully denied solar installation by an HOA may recover attorney fees under ARS 33-1816(C). The statute covers photovoltaic panels, solar water heaters, and any device that collects or uses solar energy. Pima County does not impose additional HOA-related solar restrictions beyond state law.
HOAs that enforce unlawful solar bans face civil liability. Homeowners may sue under ARS 33-1816 and recover attorney fees if the HOA restriction is found void. The HOA may also be ordered to pay damages for delay or increased costs caused by the unlawful restriction.
Pima County, AZ
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Pima County, AZ
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Pima County, AZ
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Pima County, AZ
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