Arizona gets more than 300 days of sunshine per year. It's no surprise that the state has taken a firm stance: homeowners associations cannot effectively prohibit you from harnessing that solar energy.
Since 2007, Arizona law has protected homeowners' rights to install solar panels—even if your HOA's CC&Rs say otherwise. But "cannot prohibit" doesn't mean "cannot regulate at all." Understanding where your HOA's authority ends and your rights begin is crucial.
Beyond solar, Arizona has enacted a series of homeowner-friendly laws that limit HOA power in significant ways. This guide covers both your solar rights and the broader Arizona HOA landscape.
Key Arizona HOA Statutes
- A.R.S. § 33-439: Solar energy devices cannot be effectively prohibited (all properties)
- A.R.S. § 33-1816: Solar protections for planned communities (HOAs)
- A.R.S. Title 33, Ch. 16: Arizona Planned Communities Act (HOAs)
- A.R.S. Title 33, Ch. 9: Arizona Condominium Act
- A.R.S. § 33-1807: Foreclosure restrictions (effective Sept 2025)
Your Solar Rights in Arizona
Arizona's solar protection laws are among the strongest in the country. The core principle: your HOA cannot effectively prohibit the installation or use of solar energy devices.
What the Law Says (A.R.S. § 33-1816)
"Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of a solar energy device."
The phrase "notwithstanding any provision" is key—it means your CC&Rs, rules, and architectural guidelines cannot override this state law protection.
What Your HOA CAN Regulate
Your HOA isn't completely powerless. Arizona allows "reasonable rules" regarding solar device placement, but with strict limits:
- Rules cannot prevent installation
- Rules cannot impair the functioning of the device
- Rules cannot adversely affect the cost of installation
- Rules cannot reduce the efficiency of the device
In practice, this means: Your HOA might ask you to use panels that match your roof color or require them to be flush-mounted—but only if those requirements don't make your system significantly more expensive or less effective.
What Your HOA CANNOT Do
Prohibited Restrictions
- ❌ Ban solar panels outright
- ❌ Require placement that reduces output
- ❌ Mandate materials that increase cost significantly
- ❌ Deny applications indefinitely
- ❌ Force removal of existing panels
Allowed Guidelines
- ✓ Request color-matched mounting hardware
- ✓ Suggest flush-mount when feasible
- ✓ Ask for reasonable aesthetic choices
- ✓ Require standard permit documentation
- ✓ Set reasonable review timelines
The "Garden Lakes" Standard
Arizona courts have interpreted "effectively prohibit" broadly. In the landmark case Garden Lakes Community Association v. Madigan/Speak, the court established that HOA conduct—not just written rules—can constitute an illegal prohibition.
Key Factors Courts Consider
- • The language and content of the HOA's declaration
- • The HOA's conduct in interpreting and applying restrictions
- • Whether architectural requirements are too restrictive in practice
- • Whether feasible alternatives exist
- • Whether alternatives are comparable in cost and performance
- • The extent to which the property can accommodate required changes
If Your HOA Violates Your Solar Rights
Arizona law provides real teeth for enforcement. If you substantially prevail in court against your HOA for a solar rights violation:
- The court shall award reasonable attorney fees and costs
- You can seek an injunction to install or keep your panels
- The HOA may be liable for any damages caused by the violation
This fee-shifting provision makes it risky for HOAs to fight legitimate solar installations—they could end up paying your legal bills.
Beyond Solar: Arizona's Other Homeowner Protections
Arizona has enacted a range of homeowner-friendly laws that limit HOA power in other significant areas.
Foreclosure Restrictions (Effective Sept 2025)
New Foreclosure Limits (A.R.S. § 33-1807)
Effective September 26, 2025, HOAs cannot foreclose unless:
- ✓ The debt exceeds $10,000, OR
- ✓ The debt is at least 18 months delinquent
Important: Fines, late fees, and legal costs cannot be included in the $10,000 threshold—only actual assessments count.
This is a major protection. The days of HOAs foreclosing over a few hundred dollars in unpaid dues are over in Arizona.
Fines Cannot Be Liened
Arizona separates fines from assessments in an important way: fines and penalties cannot be included in a lien for unpaid assessments. Your HOA can only lien your property for actual assessments and reasonable collection costs.
This prevents HOAs from using small fines as a pathway to foreclosure. A $50 fine cannot grow into a lien that threatens your home.
No Rental Bans
Arizona law (A.R.S. § 33-1806.01) explicitly prohibits HOAs from banning rentals. Your HOA:
- Cannot prohibit the rental of a unit
- Can require tenant registration
- Can enforce age-restricted (55+) community rules
If your CC&Rs contain a rental ban, it's unenforceable under Arizona law.
Protected Flags
Arizona has one of the most extensive flag protection lists in the country. Regardless of your CC&Rs, you can display:
Protected Flags (A.R.S. § 33-1808)
- 🇺🇸 United States flag
- 🏜️ Arizona state flag
- ⚔️ Gadsden flag ("Don't Tread on Me")
- 🎖️ Military service branch flags
- 🚒 First Responder flags
- ⭐ POW/MIA flag
- 💙 Blue Star flag
- 💛 Gold Star flag
- 🔴 Betsy Ross flag
- 🪶 Arizona Indian nations flags
Political Signs
Your HOA cannot prohibit political signs during election season:
- 📅 Start: 71 days before primary election
- 📅 End: 15 days after general election
- 📐 Reasonable size limits may apply
Open Meetings & Due Process
Arizona requires transparency and due process:
- 48-hour notice required for all board meetings
- All meetings open to members (limited executive session exceptions)
- Notice and hearing required before any fine can be imposed
- 10 business days to provide records upon member request
Public Street Parking
An often-overlooked Arizona protection: HOAs generally cannot regulate parking on public roadways unless the authority was explicitly granted in a declaration recorded before 2015.
If your HOA is towing cars from public streets or issuing fines for public street parking, they may be overstepping their legal authority.
What You Need to Do
For Homeowners Installing Solar
- 1.Submit your application to the architectural committee with standard documentation.
- 2.If denied, request specifics on what rule you allegedly violated and why.
- 3.Evaluate restrictions: Would the HOA's requirements increase cost or reduce efficiency? If yes, they may be unenforceable.
- 4.Document everything: Keep copies of all correspondence and timeline records.
- 5.Know your leverage: If you prevail in court, your HOA pays your legal fees.
For HOA Board Members
- 1.Review your solar guidelines: Ensure they don't effectively prohibit installation.
- 2.Update collection policies: Ensure foreclosure thresholds meet the new $10,000/18-month requirements (Sept 2025).
- 3.Remove rental bans from your rules if present—they're unenforceable.
- 4.Update flag policies to permit all protected flags listed in A.R.S. § 33-1808.
- 5.Audit public street rules: Ensure you're not enforcing parking on public roads without authority.
The Bottom Line
Arizona has built a legal framework that balances HOA governance with meaningful homeowner protections. Your right to solar energy is protected by law—and so is your right to rent your home, display certain flags, and not lose your property over modest debts.
For solar installations specifically: your HOA can make reasonable aesthetic requests, but they cannot make solar impractical, expensive, or impossible. The "effectively prohibit" standard means the practical outcome matters, not just the written rule.
With over 300 days of sunshine per year, Arizona homeowners have every reason to go solar—and the law is firmly on your side.