Arizona's Solar Energy Protection
Arizona property owners have a strong right to install and use solar energy devices, regardless of what their deed or HOA documents say. If a covenant, restriction, or contract provision attempts to block solar energy, the law renders that provision void.
Any covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property which effectively prohibits the installation or use of a solar energy device as defined in section 44-1761 is void and unenforceable.
A.R.S. § 33-439(A)The definition of "solar energy device" is found in A.R.S. 44-1761 and covers a broad range of equipment designed to collect, store, or distribute solar energy for heating, cooling, or electricity generation.
The 1980 Cutoff and What It Means
There is one exception. Instruments entered into before April 17, 1980 are not subject to this rule. If a deed or agreement was signed before that date and contains a solar energy restriction, the restriction may still be enforceable.
A deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property entered into before April 17, 1980 shall not be subject to the provisions of this section.
A.R.S. § 33-439(B)For property owners considering solar installation, this statute is straightforward: if someone tells you a deed restriction or HOA rule prevents solar panels, the law is on your side (as long as the restriction was created after 1980). This protection reflects Arizona's longstanding commitment to solar energy access for its residents.
When transferring property into a trust or purchasing a home, knowing that solar energy rights are protected can be relevant. Future energy improvements will not be blocked by outdated covenant language.