Northern Arizona Wind & Sun
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HOA's & Solar in Arizona
Homeowner Associations & Solar
Note: This applies only to Arizona, but many other states have similar laws.
Arizona Revised Statute Section 33-439 essentially prohibits any HOA (Home Owner Association) from unduly restricting the installation of solar energy devices.
Here is a press release from the
AriSEIA about
one such example, see the links below article for more information.
AriSEIA Press Release
25 February 2003
Arizona Court Again Strikes Down a HOA's Restrictions on Private Property Rights
to use Solar Energy
The Arizona Court of Appeals recently issued a published opinion in a case that
will lead to greater use of solar energy in Arizona. In Garden Lakes Community
Association v. Madigan/Speak, the HOA was seeking to force the homeowners to
take down solar panels installed on the roof. The Appeals Court found that the
HOA's deed restriction and architectural guidelines, combined with the HOA's
conduct, violated the public policy of Arizona as expressed in Arizona Revised
Statute Section 33-439.
Garden Lakes Community Association is a master planned community located in
Avondale, Arizona, with over 2,000 homes. The Madigans and Speaks, retirees
living in the HOA, installed solar swimming pool heaters on their properties for
environmental and economic reasons. Heliocol Solar, a member of the Arizona
Solar Energy Industries Association, installed the Speak system. The homeowners
wanted to use Arizona's abundant sunshine to heat their swimming pools so they
could exercise without pain in winter months. Little did they know the solar
panels would lead to five years of litigation.
The HOA filed a lawsuit against the two seeking an injunction requiring removal
of the solar panels and approximately $100,000 in fines. Relying on the deed
restriction and Architectural Review Guidelines, the HOA argued that the
homeowners should have built a patio or screen to hide the solar panels.
Madigans and Speaks countered that both options are prohibitively expensive and
significantly reduce the efficiency of the systems. Madigans and Speaks won in
the trial court but the HOA continued its litigation and appealed.
The Appeals Court, in upholding the lower courts decision in favor of the
homeowners, concluded the HOA's restriction on solar panels "effectively
prohibited the installation and use of SED's (solar energy devices)." The
Association attempted to place restrictive guidelines on the residents that were
contrary to the provisions of A.R.S.-33-439 (A). The Arizona Legislature passed
ARS-33-439 in 1979 in order to protect individual homeowner's private property
rights to use solar energy. The opinion can be reviewed at
http://www.cofad1.state.az.us/opinionfiles/cvidx.htm
Many HOAs place restrictions on the installation of solar devices that add
significantly to their cost or prevent them from receiving sunlight, which would
render them useless. This practice is a significant barrier to widespread use of
solar energy by Arizona homeowners.
"Hopefully, this ruling will end the senseless attempts by homeowners
associations to prevent Arizonans from using solar energy," said Kent Pulido,
President of the Arizona Solar Energy Industries Association (AriSEIA). "With
incentives such as the Arizona residential tax credit, the new utility rebate
programs and the pending federal tax credit, Arizonans can now take advantage of
the sun to reduce their monthly utility bills and allow our state to take
advantage of the economic development and air quality benefits that solar can
provide."
According to information provided by Arizona utilities, in the Phoenix area, the
installation of a solar domestic water heating system will annually displace
2600 pounds of pollutants, when replacing an electric water heater and 1200
pounds, when replacing a natural gas water heater. Swimming pool heating systems
can prevent the emissions of 10,000 pounds of carbon dioxide and other
pollutants annually when replacing natural gas for pool heating. Money saved by
Arizona consumers remains in the local economy benefiting Arizona cities and
towns.
Madigans and Speaks were represented by attorney Hyung S. Choi of CHOI & RHEE,
PLLC, a law firm in Tempe, Arizona. Attorney Choi's practice is focused on
consumer protection litigation and in this case agreed to represent Madigans and
Speaks because of the overreaching lawsuit filed by the HOA.
The Arizona Solar Energy Industries Association has been conducting an outreach
program to homeowners associations promoting standards for the aesthetic
installation of solar energy devices. The program, funded by the U.S. Department
of Energy through a grant to the Arizona Department of Commerce, Energy Office
has resulted in presentations to many homeowner associations and management
companies throughout the state. The goal of the program is to demonstrate the
increased property values of energy savings and the benefits of solar energy the
state of Arizona.
Michael Neary
Executive Director
Arizona Solar Energy Industries Association
1-888-253-8180
Bringing Solar Energy to the Planned Community Legal brief on general issues with solar and HOA's
Arizona Court: Homeowners Have a Right to use Solar Energy The full ruling by the court on the above case PDF file