January 18th, 2010

There has been a lot of talk about energy policy in recent times.  To encourage alternative energy sources, the government is presently offering homeowners up to $3,000 in tax credits for installing solar energy devices (SEDs).  In a state like Arizona, where the sun always seems to be shining, it makes a lot of sense for homeowners to take advantage of this opportunity.

The one problem with SEDs, however, is that many people find them unattractive or unsightly.  This is generally not the case when they are installed on a rooftop, but it is not unheard of for homeowners to mount them to stand-alone towers on their property.  And most homeowners do not want this type of structure in their neighbors yard.  To prevent members of their community from building these structures, Arizona homeowners can call on their HOA.

Homeowners can petition their homeowners’ association to create and enforce a wide range of rules and restrictions.  HOAs can then enforce restrictions, or even add new provisions to the community’s CC&Rs.  However, despite the latitude that HOAs have, federal statute prohibits them from restricting homeowners from installing SEDs.  Nevertheless, HOAs can adopt reasonable rules about where on a homeowner’s property SEDs can be installed.  As long as a HOA rule does not impair the function of the SED, or make it cost-prohibitive for homeowners to install a SED, the HOA can regulate where a SED can be installed on a homeowner’s property.

To sum things up about how HOAs can regulate solar panels, an association can ban stand-alone towers as long as it does not interfere with the SED’s efficiency or make it more costly for homeowners to install SEDs.