A.R.S. § 33-1816

Planned Communities

Solar energy devices; reasonable restrictions; fees and costs

Planned Communities · Text verified 2026-07-25

In plain English: Prevents the HOA from prohibiting solar energy devices. It can adopt reasonable placement rules, but not ones that block installation or hurt the device's function, cost, or efficiency. If you sue the board over a violation and substantially prevail, the court awards your attorney fees and costs.

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 section 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.