If your HOA says you can't install solar panels, they're wrong. Arizona law explicitly protects your right to go solar — even in the strictest master-planned communities. Here's exactly what the law says and how to handle pushback.
The Law: ARS 33-1816
Arizona Revised Statutes §33-1816 (for planned communities) and §33-1816.01 (for condominiums) prohibit HOAs from banning solar energy devices. The law is clear and has been in effect since 2007.
What the Law Says (Key Provisions)
- • HOAs cannot prohibit the installation of solar energy devices
- • HOAs cannot require approval that would effectively prevent installation
- • HOAs can adopt reasonable rules about placement and aesthetics
- • Rules must not increase cost by more than $1,000 or decrease efficiency by more than 10%
- • Any CC&R provision that violates this law is void and unenforceable
Key Detail: The $1,000 / 10% Test
This is the practical test. If your HOA's requirements (e.g., specific panel colors, placement restrictions, screening requirements) would add more than $1,000 to the installation cost OR reduce the system's efficiency by more than 10%, the requirements are unreasonable under law and you don't have to comply.
What Your HOA Can Legally Require
| HOA Can Require | HOA Cannot Require |
|---|---|
| Submit an installation plan for review | Deny the installation entirely |
| Prefer panels on less visible roof faces (if feasible) | Require panels only on north-facing roof (kills production) |
| Request panels match roof color where practical | Mandate specific (expensive) panel brands or colors |
| Set a reasonable review timeline (30-60 days) | Stall indefinitely or impose unreasonable delays |
| Require licensed, insured installer | Require use of a specific installer they choose |
Common HOA Pushback Scenarios
"Our CC&Rs prohibit solar panels."
Doesn't matter. ARS 33-1816 explicitly states that any CC&R provision restricting solar is void. The state law overrides your HOA's governing documents. Respond in writing citing the statute.
"You need architectural review board approval first."
This is legal — HOAs can require a review process. But they must complete the review within a reasonable timeframe and cannot use the process to effectively block installation. Submit your plans and give them 30-60 days. If they stall or deny without valid aesthetic reasoning, cite the statute.
"Panels must be on the back of the house only."
Only legal if the back-facing roof gets adequate sun. If your south-facing roof faces the street and the HOA wants panels on a north-facing back roof, that would reduce production by well over 10% — making the restriction illegal under ARS 33-1816.
"We'll fine you if you install panels."
They can try, but the fine is not enforceable if your installation complies with ARS 33-1816. Document everything in writing. If your HOA fines you or threatens a lien, consult an Arizona real estate attorney — you have strong legal standing.
Step-by-Step: Installing Solar with an HOA
Read your CC&Rs
Check what your HOA's documents say about solar. Even if they have restrictions, know that ARS 33-1816 overrides them.
Notify the HOA in writing
Submit your installation plan (panel layout, installer info, timeline) via email or certified mail. Include a reference to ARS 33-1816. This creates a paper trail.
Give them a reasonable review period
30-60 days is standard. If they don't respond within that window, proceed with installation — silence is not a denial.
If denied: respond citing the statute
Reply in writing. State that ARS 33-1816 prohibits HOAs from preventing solar installation and that any CC&R provision to the contrary is void. Most HOAs back down at this point.
If they persist: escalate
Contact the Arizona Department of Real Estate or consult a real estate attorney. Most solar installers in Arizona have experience navigating HOA disputes and can help.
HOA Density by City
HOA prevalence varies across our target cities. Newer master-planned communities are almost always governed by HOAs:
| City | HOA Prevalence | Notes |
|---|---|---|
| Gilbert | Very high | Most neighborhoods are HOA-governed |
| Queen Creek | Very high | Almost all new construction has HOA |
| Surprise | High | Sun City areas may not have HOA |
| Goodyear | High | Master-planned communities dominate |
| Buckeye | Moderate-High | New developments have HOA; older areas may not |
Bottom Line
Arizona law is firmly on your side. Your HOA can set reasonable aesthetic guidelines, but they cannot prevent you from going solar. The vast majority of HOA solar disputes in Arizona resolve quickly once the homeowner cites ARS 33-1816 in writing. If yours doesn't, you have clear legal recourse. Once you're ready to move forward, check out our installation timeline guide to know what to expect.
Sources
- Arizona Revised Statutes §33-1816 — Solar energy devices; planned communities
- Arizona Revised Statutes §33-1816.01 — Solar energy devices; condominiums
- Arizona Department of Real Estate — HOA complaint process