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 [...]
An owner in our HOA wants to place solar panels on the roof of their home. Does our board have to allow this? Short Answer: Likely, yes. However, the owner still must comply with any architectural approval requirements in the association’s documents. Long Answer - here’s a quick recap of the law: Arizona Revised Statute Section 33-1816 (the Planned Communities [...]
The Arizona Daily Star recently ran an article regarding a planned community in Tucson that requires its homeowners to pay $500 to have the planned community’s architect review solar panel installation plans prior to the solar panels being installed on an owner’s single family residence within the community association. Can the community association legally charge a homeowner this fee for [...]
Beth Mulcahy, Esq. A very common question that I receive from planned community boards is: “can we prohibit owners from installing solar panels on their Lot?” The short answer is “no”. Arizona law, specifically, Arizona Revised Statute Section 33-1816 of the Planned Community Act, addresses installation of solar panels or solar energy devises in a planned community and sets [...]
Beth Mulcahy, Esq. A very common question that I receive from planned community boards is: “can we prohibit owners from installing solar panels on their Lot?” The short answer is “no”. Arizona law, specifically, Arizona Revised Statute Section 33-1816 of the Planned Community Act, addresses installation of solar panels or solar energy devises in a planned community and sets forth [...]
