Solar Panels
The Arizona Court of Appeals recently ruled on whether associations have the ability to prevent homeowners from installing solar panels. (See Garden Lakes Community Association, Inc. v. Madigan, 62 P.3d 983 (Az. App. 2003). A.R.S. §33-439(A) prevents an association from "effectively prohibiting" a homeowner from installing or using a solar energy device. The homeowner failed to seek approval from the architectural committee and installed solar panels without going through the approval process. The association sued the homeowner to enjoin the use of the solar panels. The appellate court confirmed the lower court's ruling that the association had effectively prohibited the homeowner from installing the solar panels because of the significant restrictions imposed by the association in this case. The court said a homeowner association can impose aesthetic and architectural restrictions on the installation and use of solar devices. However, the court said solar energy devices may not be explicitly prohibited or effectively prohibited by the guidelines of an association or by an association's interpretation and application of its guidelines. The court noted that the term "effectively prohibits" is a practical, flexible standard that permits the many variations of restrictions and effects to be considered on a case by case basis, and each case will be fact sensitive as to whether the association has effectively prohibited the installation of a solar energy device.
