HOA Solar Rules
HOW HOA RULES IMPACT YOUR SOLAR INSTALLATION
If you live in an HOA, don’t let that stop you from installing solar panels on your home! You can still enjoy solar power even if you’re subject to association restrictions. Most modern-day HOA’s know the value of solar panels and how they can raise property values in the area. That’s why these associations are almost always in favor of solar panel addition on an individual basis. Even if an association doesn’t approve of solar panels, you have the legal right to add them anyway.
Your HOA Must Approve Solar
If you live in an HOA that claims you can’t install solar on your home’s roof, it’s actively obstructing current Federal and State laws. According to current Arizona state laws, individual homeowners are protected in their right to install solar on their homes. Any existing covenants or property restrictions that prevent solar have been dissolved by the Arizona government. That means if you want solar panels you can get them with or without your HOA’s approval!
At Pep Solar we can help get your solar panels set up on your HOA-located home. Call us today to learn about your options and how we can get solar installed on your home.
Arizona State Legal Statement
The official legal statement from the State of Arizona can help shed further light on HOA’s and the owner’s right to install solar panels.
- Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of a solar energy device as defined in section 44-1761.
- 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.
- 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.
“Collector” means a component of a solar energy device that is used to absorb solar radiation, convert it to heat or electricity and transfer the heat to a heat transfer fluid or to storage. “Heat exchanger” means a component of a solar energy device that is used to transfer heat from one fluid to another. “Solar daylighting” means a device specifically designed to capture and redirect the visible portion of the solar beam spectrum, while controlling the infrared portion, for the use in illumination interior building spaces in lieu of artificial lighting. “Solar energy device” means a system or series of mechanisms designed primarily to provide heating, to provide heating, to provide cooling, to produce electrical power, to produce mechanical power, to provide solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy for future utilization. A passive system shall clearly be designed as a solar energy device such as a Trombe wall and not merely a part of a normal structure such as a window. “Storage unit” means a component of a solar energy device that is used to store solar-generated electricity or heat for later use.
In summary, the federal laws include The Solar Rights Act enacted in 1978, extended again with AB 2180 of 2008 and then solar protections further widened with AB 634 of 2017 barring any HOA from restricting, delaying, policy creating, or hoa voting around rooftop solar. The Solar Rights Act continues stating homeowners’ associations are not a public entity and if the HOA willfully violates the Solar Rights Act for any reason they must pay the solar system owner a civil penalty.
Let’s be Solar Hipsters Together
We have an American dream for real change by going green and helping to make the world a better place- and it starts with you and your community. Save money, protect our nation, and help our community thrive.