A.R.S. 33-1816: HOA Solar Rights in Arizona

Can the HOA stop my solar panels? No, and Arizona law makes that a flat rule rather than a board-by-board judgment call. A.R.S. 33-1816 bars an HOA from prohibiting a solar energy device, no matter what the CC&Rs say. The HOA keeps one narrow power, to set reasonable placement rules, but only if those rules do not block the install, hurt how the panels work, or push up the cost. In a state with this much sun, that protection is worth knowing cold.

The ban on banning solar

The rule is short and strong. An HOA simply cannot forbid solar:

An association shall not prohibit the installation or use of a solar energy device as defined in section 44-1761.

That cross-reference to A.R.S. 44-1761 matters, because it defines "solar energy device" broadly, covering rooftop photovoltaic panels, solar water heating, and similar systems. So a flat "no solar panels" rule in your declaration is unenforceable. The statute overrides it. A board cannot use a general "no rooftop equipment" or "preserve neighborhood appearance" rule as a back-door ban either, because the law protects the device itself, not just the word "solar."

What an HOA can still do

The HOA is not powerless. It can ask for reasonable placement, as long as the request does not get in the way of the system working or paying off:

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.

That is a high bar for the HOA. A request that panels face the backyard sounds reasonable until you realize the best sun is on the street-facing roof. If moving the panels would cut their output or add cost, the HOA's rule fails the test. The practical line: cosmetic preferences are fine only when they are truly cost-free and performance-free for you.

For example, if your Scottsdale HOA tells you to mount panels on the north slope to hide them from the street, and that placement would drop your production or raise your install cost, that rule does not hold up under 33-1816. The HOA can ask, but it cannot enforce a placement that hurts the system.

How it connects to the rest of the law

This is the canonical statute behind our FAQ, can an HOA stop me from putting solar on my house in Arizona . Solar requests usually run through the same design committee that reviews other exterior changes, so this section works alongside the architectural-control rules in A.R.S. 33-1817 : the committee can review your solar plan for placement, but it cannot deny the panels outright. The HOA exercising this power is the "association" defined in A.R.S. 33-1802 , acting under the recorded CC&Rs that this statute overrides. If the HOA pushes back, you can pull the records behind its decision under A.R.S. 33-1805 .

Full text and source

Read the current version, including any amendments, on the legislature's site: View A.R.S. 33-1816 on azleg.gov .

How the solar protection applies to a specific install depends on the facts, so confirm your situation with a qualified attorney before relying on it.