Homeowners Associations (HOAs) have the right to create and enforce architectural guidelines for the houses in their community. But in Arizona, an HOA can't ban solar panels. They can, however, implement restrictions.
The Homeowners Association Dispute Process is administered by the Arizona Department of Real Estate, which has the statutory jurisdiction to hear issues between residents and homeowner or inium associations.
Many aspects of HOAs are directly governed by Arizona statutes, such as the Planned Communities statutes, the Arizona inium Act and the Nonprofit Corporations Act.
How to Seek Legal Action Consultation with an Attorney: Start by scheduling a consultation with an experienced Arizona HOA lawyer. Letter of Demand: In many cases, a letter of demand from your attorney to the HOA may lead to a resolution without going to court.
GOVERNMENT AGENCIES Arizona Department of Real Estate - The Department is responsible for real estate professionals' licensure, education, and discipline, including community managers and property management companies. The Department also administers the Homeowners Association Dispute Process.
Solar Access Laws in Arizona Many states (including Arizona) have solar access laws that prohibit HOAs from banning solar panels. In Arizona, solar access laws are outlined in Revised Statute 33-1816. The statute states that your HOA may establish reasonable guidelines for the placement of your solar panels.
Homeowners Associations (HOAs) have the right to create and enforce architectural guidelines for the houses in their community. But in Arizona, an HOA can't ban solar panels. They can, however, implement restrictions.
Arizona law protects individual homeowners' private property rights to solar access by dissolving any local covenant, restriction or condition attached to a property deed that restricts the use of solar energy.
The Supreme Court held that an HOA may not rely on a general amendment power provision in its covenants, conditions, and restrictions to place restrictions on landowners' use of their land only as to those restrictions for which the HOA's original declaration has provided sufficient notice.
Obtaining permits is required for most installations related to off-grid solar systems in Arizona. This is to ensure that off-grid solar power systems comply with fire ordinances and any other zoning laws that pertain to your local municipality.