Your Right to Install Solar Panels
Arizona property owners have a strong right to install and use solar energy devices. This is true no matter what their deed or HOA documents say. If a covenant or contract rule tries to block solar energy, Arizona law makes that rule 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 term "solar energy device" is defined in A.R.S. 44-1761. It covers equipment that collects, stores, or distributes solar energy for heating, cooling, or power.
The 1980 Cutoff Date
There is one exception. Instruments signed before April 17, 1980 are not covered by this rule. If your deed was signed before that date, a solar restriction in it may still apply.
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)An HOA may set reasonable rules about where to place a solar device. However, those rules cannot restrict its use or raise its cost. The device must be allowed to work without interference.
What This Means for Homeowners
If someone tells you a deed restriction or HOA rule blocks solar panels, the law is on your side. The restriction must have been created after 1980 for this protection to apply.
Solar energy rights stay with the property. This means transferring a home into a trust or buying a new home does not change this protection.
Arizona has a long history of supporting solar energy access. Families can add solar equipment to their home knowing their property rights include this safeguard.