Here in sunny Arizona, solar energy has proliferated as a sustainable, replenishable energy source for families.
According to data from the Solar Energy Industries Association, 12.67% of Arizona’s electricity is of solar origin, and there are an estimated 9,532.62 megawatts of solar energy panels installed across the state.
Arizona also ranks fifth in the nation for total installed solar capacity.
While an ever-popular solution where there’s sunshine over 300 days per year, solar panels occasionally receive opposition from homeowners associations concerned about a system’s appearance atop a property’s roof.
HOAs can dictate aspects of a property like the length of one’s lawn and the color of a home’s exterior walls, but they legally cannot impede a resident’s decision to go solar.
An American Solar & Roofing client who has dealt with intimidation by an HOA is a Tempe resident whose panels were to be installed in a southerly direction on his roof.
Before solar panels are installed, an initial audit is conducted to gauge a client’s energy use. Because this was a stay-at-home father whose energy use would last throughout the day, the square footage of panels necessary to power the home was calculated and it was determined they should be installed on the south side of the home to maximize sun exposure throughout the day.
This neighborhood’s HOA attempted to counter the installation of these panels by requesting they be placed in an east-west fashion so they would not be visible from the street. The request would have impeded the function of the panels to generate energy at maximum capacity, resulting in a loss to total financial savings made possible by offsetting electricity use with solar.
In Arizona, access to solar panels is a protected legal right under Arizona Statute ARS 33-1816, Section (B), which specifically denies an HOA from establishing rules on the placement of solar panels if those rules “restrict its use or adversely affect the cost or efficiency of the device.” In this scenario, the homeowner was legally protected in their pursuit of clean energy as the direction and square footage of the panels were calculated to maximize efficiency and sun exposure.
Therefore, despite pushback by the HOA, they were able to proceed with their installation without risk of fines.
HOAs cannot legally ask a homeowner to modify the aesthetic appearance, directional orientation or square footage of solar panels to suit an appearance goal as each solar system is designed with a client’s energy use and savings goals in mind.
Homeowners that receive pushback from their HOA when pursuing solar should cite statute ARS 33-1816 Section (B) or seek legal representation if pressure escalates to harassment or threats of punishment. While solar installers are not legal experts, we champion knowing one’s right to pursue clean energy and the cost-effective benefits, including a 30% federal tax credit if installing a solar system utilizing new technology.
Editor’s note: Joy Seitz is CEO and owner of Phoenix-based American Solar & Roofing. Reader reactions, pro or con, are welcomed at AzOpinions@iniusa.org.
