As evidenced by the rampant door-to-door solicitations, Arizona solar companies are becoming more and more prevalent. Arizona law (and the Arizona weather) 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, a 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. Pursuant to A.R.S. Section 33-1816(B), “[a]n 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.” Oftentimes the Board’s desire to limit the aesthetic impact of the solar roof panels is in conflict with the homeowners’ statutory right to place the solar panels in a location where they will function properly. If your Board is having a problem weighing these competing interests, please contact Mulcahy Law Firm, P.C. for assistance.
Another interesting development in the solar space is the Tesla roof, which 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 have not yet become common, 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 in common areas.
