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Solar Access Rights Across the United States

Solar Access Rights Across the United States

HOA’s & Solar: State Laws & Incentives

Solar Access Rights Across the United StatesHomeowner associations (HOA) represent 53% of households in the United States, according to HOA-USA.

HOAs, depending on the state, may be overly particular with what residents do with their lawns or roofs.

While some may think that this can pose a hurdle for homeowners who want to invest in solar energy, there are federal and state policies in place regarding HOAs and solar power.

Arizona Laws on SolarArizona laws on solar

Arizona remains to be one of the top states for solar, and there more than 70 policies and incentives for clean energy in the state. Among these are statutes that prohibit homeowner associations from restricting a resident from installing solar panels.

33-1816. Solar energy devices; reasonable restrictions; fees and costs

A) Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of a solar energy device as defined in sections 44-1761.

B) An 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.

C) Notwithstanding any provision of the community documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.


HOA’s cannot legally prevent you from going solar, do not be fooled!


There are also financial incentives (rebates, loans, personal tax credits, and grant programs) for residents and businesses that invest in solar energy. For instance, under Arizona’s Residential Solar and Wind Energy Systems Tax Credit, tax credits (up to $1,000) are given to individual taxpayers who install solar energy systems. These systems include solar water heaters, solar pool heaters, and solar PV systems.

Learn more about PEP Solar’s Solar Photovoltaic (PV) systems

Solar Access Rights Across The

In 2011, the Solar Opportunity and Local Access Rights Act was introduced to the House of Representatives, and since then have been supported by solar advocates like SEIA.

This bill, if passed, would give US citizens the right to solar energy system in their property ( There are also policies that give incentives to homeowners and businesses that invest in solar, like the Federal Solar Tax Credit. Currently, there are 25 states that support the rights of residents to use solar energy in their homes.

  • Arizona
  • California
  • Colorado
  • Delaware
  • Florida
  • Hawaii
  • Illinois
  • Indiana
  • Iowa
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Nevada
  • New Jersey
  • New Mexico
  • North Carolina
  • Oregon
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin

Learn more about Federal Solar Tax Credits

Questions? Contact us.

PEP Solar offers 0% down to install on approved credit.

As a proud member of the Arizona Solar Energy Industries Association (AriSEIA), PEP Solar is an advocate for clean energy and solar access policies. We are dedicated to delivering quality solar energy solutions to residents and businesses in Arizona.

Learn More About our Solar Air Conditioning


Want to lower your utility bills? Save up by harnessing the power of the sun. PEP Solar offers 0% on solar installations upon approved credit.

Talk to us, and we’ll give you a free demonstration.

Contact us today: (623) 264-6888 or fill out the following form for more info.

2025 W Deer Valley Rd | Suite 104
Phoenix, AZ 85027

Call 1-623-264-6888