Solar Energy Covenant Restrictions

Last DSIRE Review: 01/26/2001  

Incentive Type:  Solar Access Law/Guideline

Eligible Technologies:  

Passive Solar Space Heat, Active Solar Water Heat, Active Solar Space

Heat, Solar Thermal Electric, Photovoltaics,

Applicable Sectors:  

Commercial, Industrial, Residential, General Public, Nonprofit,

Easement:  No

Covenant:  Yes

Zoning/Devel:  Yes

Website:  http://www.azcommerce.com/energy.htm

Authority:   ARS 33-439

Summary:

This state law, which was passed by the Arizona Legislature in 1979 in order to protect individual homeowners’ private property rights to use solar, dissolves any local covenant, restriction, or condition attached to a property deed that restricts the use of solar energy.

  Interestingly, this law was challenged in the courts in the spring of 2000. A Maricopa

County Superior Court judge ruled in favor of homeowners in a lawsuit filed by their homeowners association seeking to force the homeowners to take down solar panels installed on the roof. After a four-day trial, the Judge found that the association’s "guidelines combined with [its] conduct "effectively prohibited" the defendants from placing solar heating devices on their residence, contrary to the provisions of A.R.S.-33-439 (A).

"Contact: Amanda Ormond

Arizona Department of Commerce

Energy Office3800 North Central, Suite 1200Phoenix, AZ 85012Phone: (602)

280-1402Fax: (602) 280-1445E-

Mail: energy@ep.state.az.us