Solar panels are popular investments, especially in sunny Arizona. These additions are one of the most practical ways homeowners can reduce energy costs and adopt a more environmentally friendly power option. But for those who live in an HOA community, not all home upgrades proceed smoothly. Is your HOA blocking your solar panels? If so, it helps to know your legal rights.
The governing authority of HOAs often comes into question during home upgrades, with many matters appearing to be gray areas where homeowners and management disagree. While solar panels are one of many such issues, Arizona HOA laws have been modified to accommodate this unique home upgrade.
What Does Arizona Law Say About Solar Panels Under HOAs?
According to Arizona A.R.S. 33-1816, your HOA is generally prohibited from banning the installation or use of solar panels at your home. This also prohibits them from enacting restrictions that prevent their use. However, they may be able to impose reasonable rules on how these panels can be installed, so long as said rules don’t unreasonably increase the cost or decrease the performance of the system.
For homeowners, the takeaway is that your right to install and use solar panels is protected. However, it’s not entirely unrestricted. If you find that the line between fair and reasonable regulation has crossed into unlawful interference in an attempt to limit your rights as a homeowner, you may have grounds for an HOA law case.
How HOAs May and May Not Regulate Solar Panel Usage
Solar panels can be a major benefit to anyone who installs them. However, any of the 75.5 million homeowners governed by HOAs may be curious about what regulations are applicable and what ones aren’t. Some examples of fair regulations may include:
- Requiring panels to be installed in line with the roof slope
- Limiting construction activity outside of quiet hours
- Requiring information about installations before they begin
- Requiring reasonable safety modifications to be in place
- Limiting design choices to reflect community standards
While these requests may be reasonable in most cases, there are also situations where a request may be unreasonable. Sometimes these are made specifically to try to dissuade the homeowner from using panels at all. Common examples of unfair and unlawful requests can include:
- Demanding that panels be put in shaded areas to diminish their effect
- Imposing unreasonably expensive design demands that don’t affect safety
- Not allowing enough time to complete the installation process
- Refusing to allow installers to park on the property
- Requiring specific materials that raise costs without improving design or safety
If you believe your project is being hampered by overly strict design requirements, installation restrictions, the demand for excessive documentation, or other overbearing requests, an HOA lawyer can help you determine what steps to take next.
How Solar Panel Installation Restrictions Could Be Addressed
If an HOA is trying to restrict your ability to install solar panels on your property, you could bring the issue up at a hearing. The Arizona Planned Communities Act discusses the importance of hearings in these communities, both as a means to refresh yourself on the rules and as a chance to discuss potential violations of policy or Arizona law by either party.
If your HOA continues to impose restrictions that you believe are designed to cheat you out of your rights, you can bring the matter to a skilled lawyer who understands HOAs. They can analyze the reasoning behind your HOA’s decisions and determine, based on prior cases and precedent, whether said requests are reasonable or whether they’re a strategic attempt to deny you lawful solar panel installation.
Why Does Arizona Support Solar Panel Usage?
While Arizona law lets HOAs govern much of their own decision-making processes, the exemption for solar panels shows the state’s confidence in this energy source. Arizona is a national leader in solar power, with 16.76% of the state’s energy coming from it.
It’s estimated that 94% of roofs in the state are viable for solar power, meaning more people may elect to move to this energy source if they see others having good results. Especially in sunny locations like Gilbert and the many other cities throughout the state with various HOA communities, solar panel installations, and the disputes that follow them, may be more likely in the coming years.
FAQs
Are Solar Panels Dangerous to HOAs?
Solar panels are not dangerous to HOAs. Installing solar panels doesn’t pose a safety threat to communities, so long as they are installed according to regulations. However, from a policy standpoint, some HOAs worry that their widespread adoption would result in multiple solar energy construction projects in their communities.
What if an HOA Continues to Refuse Your Solar Panel Installation?
If an HOA continues to refuse your solar panel installation, either outright or through unreasonable installation restrictions, you may need to pursue legal action. The HOA Dispute Process discussed in A.R.S. Title 32, Chapter 20, Article 11 can function as a valuable option if you don’t want to go to court immediately. There are, however, downsides to this procedural option that should be discussed with your attorney.
Can an HOA Refuse Solar Panels for Some Homeowners but Not Others?
No, an HOA cannot refuse solar panels for some homeowners but not others, unless there are reasonable safety issues based on different locations or home setups. In general, HOAs are expected to enforce rules and policies equally for all residents. If you feel you’re being unfairly limited compared to others, you should hire an HOA law attorney.
Why Don’t Some HOAs Like Solar Panels?
Some HOAs don’t like solar panels because they’re concerned about the impact they will have on the structures they’re attached to. Some communities also like there to be uniform control over energy usage within their jurisdiction. Others are opposed to solar panels because they feel they may cause safety risks that diminish overall property values in the community.
Hire an HOA Law Attorney
It can be frustrating when your solar panel plans are put on hold. But Harper Hall PLC has almost three decades of experience serving Gilbert and other locations throughout Arizona. We’ve received many positive reviews for our commitment to client results in HOA cases.
We understand how to analyze HOA contracts and actions alongside Arizona law to determine what’s fair and what isn’t. Our team can work with you whether you need to assess your options, file a complaint, or even head to court. Contact us today to learn more.
