Arizona Strikes Down Restrictions on Solar Energy

March 03, 2003

The Arizona Court of Appeals upheld on February 18th a decision against a homeowners association (HOA) restricting solar panels on homes. In Garden Lakes Community Association v. Madigan/Speak, the HOA was seeking to force the homeowners to take down solar panels installed on the roof. The Appeals Court found that the HOA's deed restriction and architectural guidelines, combined with the HOA's conduct, violated the public policy of Arizona.

Many HOAs place restrictions on the installation of solar devices that add significantly to their cost or prevent them from receiving sunlight. The Arizona Solar Energy Industries Association has been conducting an outreach program to homeowners associations promoting standards for the aesthetic installation of solar energy devices. The goal of the program is to demonstrate the increased property values, energy savings, and other benefits of solar energy for the state of Arizona. For details, see the Arizona Solar Energy Industries Association's press release.