Know Your Property Rights
I’ve heard it a million times from home owners living in an HOA: ”My Home Owners Association and CC&Rs don’t allow me to have solar panels on my home”.
While many CC&Rs forbid and restrict photo voltaic and other solar panel collectors you may be pleasantly surprised to know that Arizona state law does not allow HOAs or CC&Rs to restrict solar panels.
A.R.S. 33-1816 states:
33-1816. Solar energy devices; reasonable restrictions; fees and costs
A. 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.
B. 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.
C. Notwithstanding any provision of the community documents, 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.
My suggestion is that if you live in an HOA with restrictions on solar panels is that you work up a desired design showing the most efficient placement of such solar energy device and send it in for architectural review by the board. If they request modification (which would result in less efficiency) then they are breaking the law. As a rule of thumb for Tucson the most efficient placement of solar panels is due south and angled at 32 degrees. Anything other than that will decrease the efficiency of the panels. Isn’t science and physics beautiful?
The Arizona Revised Statutes (A.R.S.) can be found at:
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp
Ooh, nice post. Can I share it over on my blog?
Kelley,
You are more than welcome to share.
[...] Architect Jake Boen over on his In Place Architecture Blog had a good post the other day about solar panels and HOA restrictions. On it, he explains that while many CC&Rs (HOA rules) restrict solar panels, Arizona [...]
Just read the CCR’s for the home I am buying-they basically say that they are not allowed if can be seen from neighboring property-which translates you can’t install in most cases anywhere! I will fight this as I have perfect southern expousre that can be seen by at least on neighbor, maybe two, thanks for info I have bullets for my argument now.
Glad to help – Keep us updated on how it goes or if you need help getting a system designed, permitted and installed.