HOAs and Solar Technology
Some homeowners associations have tried to ban homeowners from installing solar panels for a variety of reasons. Arizona law now protects individual homeowners’ private property rights to solar access by dissolving any local covenant, restriction or condition attached to a property deed that restricts the use of solar energy.
Solar energy is abundant in Arizona. HOAs and their members can use solar energy in a number of ways. Additional information about solar and HOAs is provided by the City of Tucson.
Arizona Law for Solar Technology:
A.R.S 33-1816. Solar energy devices; reasonable restrictions; fees and costs
A.R.S. 44-1761. Definitions
Consumer Protection Law
A recent Arizona consumer protection law, A.R.S. 44-1763, requires increased clarification to homeowners from solar leasing companies about the cost of the systems they install over the contract life. The companies must also guarantee whatever performance they promise for the modules. Consumers will have at least three days to cancel a contract after signing. The law is effective January 1, 2016.
The Solar Energy Industries Association (SEIA) is the voice of the solar industry at the federal and state level, advocating for the protection and expansion of the U.S. market for all solar technologies. They represent the entire solar industry, and in an effort to protect consumers and develop best practices, they created guiding principles in a booklet entitled SEIA Solar Business Code. The Code is voluntary, but it has been agreed to by all SEIA members.
In addition, any complaints about fraudulent or deceptive acts by solar installers should be reported to the Better Business Bureau, the Arizona Registrar of Contractors, or the Arizona Attorney General's Consumer Fraud unit.
Additional Resources
The Solar Foundation - A Beautiful Day in the Neighborhood: Encouraging
Solar Development Through Community Association Policies and Processes
Clean Energy Consumer Bill of Rights