Arizona law favors the use of solar energy devices by homeowners within community associations. In fact, pursuant to A.R.S. Section 33-439(A), “[a]ny covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property which effectively prohibits the installation or use of a solar energy device as defined in section 44-1761 is void and unenforceable.”
A common issue in Planned Communities is the location of solar roof panels. Although Planned Communities are permitted to adopt certain rules and regulations regarding the placement of solar roof panels, those rules shall not effectively prohibit installation or adversely impact the functioning, cost or efficiency of the device. Oftentimes the Board’s desire to limit the aesthetic impact of the solar roof panels is at odds with the homeowners’ statutory right to place the solar panels in a location where they will function properly. Has Tesla created the perfect compromise?
The Tesla solar roof utilizes solar panels that also act as, and mimic the aesthetic appearance, of roof tiles. In other words, the roof tiles are the solar energy device. For more information and details, please visit https://www.tesla.com/solarroof.
Although these types of roofs may not become common immediately, we can certainly expect homeowners who are interested in solar energy to consider it as an option moving forward. Furthermore, an Association interested in a solar initiative may consider the Tesla solar roof on common areas.
