Can Your Arizona HOA Block Solar Panels? Know Your Rights Under ARS §33-1816

Arizona has more sunny days than almost any other state — making it one of the best places in the country for residential solar energy. Yet every year, thousands of Arizona homeowners face HOA pushback when they try to install solar panels. If your HOA has sent you a violation notice, denied your architectural application, or demanded you remove solar panels, Arizona law is firmly on your side.

Since 2007, ARS §33-1816 has prohibited Arizona HOAs from banning solar energy devices. The law allows HOAs to impose only "reasonable" restrictions — and what counts as "reasonable" is narrowly defined. This guide explains exactly what your HOA can and cannot do, how to fight a solar violation, and how to get your panels approved even if your HOA initially says no.

ARS §33-1816 (Solar energy devices; reasonable restrictions; fees and costs) establishes a clear framework:

What Your HOA CANNOT Do

• Ban solar panels entirely — Any outright prohibition is void under state law
• Prevent installation — No rule, fee, or process can effectively prevent you from installing solar
• Impair function — Restrictions cannot reduce the efficiency or output of your solar system
• Restrict use — The HOA cannot limit how you use solar energy once installed
• Adversely affect cost or efficiency — Rules that significantly increase the cost of installation or reduce energy production are invalid

What Your HOA CAN Do (Reasonable Restrictions Only)

• Require placement on rear-facing slopes — But only if doing so does not significantly reduce energy production (a south-facing requirement that reduces output is NOT reasonable)
• Require all-black panels — Aesthetic color requirements are generally considered reasonable
• Require flush mounting — Panels must be mounted as close to the roof as technically feasible
• Require architectural approval — But approval cannot be unreasonably denied, and the HOA cannot use the approval process to delay or block installation indefinitely

Here are the most common ways Arizona HOAs try to restrict solar panels, and why each one typically fails under ARS §33-1816:

1. "Your panels must face the backyard"

Defense: If your roof's optimal solar exposure is on the front or side, requiring back-facing installation would "adversely affect the cost or efficiency" of your system — which ARS §33-1816 explicitly prohibits. Get a written statement from your solar installer documenting the output reduction if panels were moved to the back.

2. "Your architectural application was denied"

Defense: The HOA can require architectural review, but cannot use it as a backdoor ban. If the denial does not cite a specific, reasonable restriction (like panel color or mounting method), it is likely unreasonable under state law. Respond in writing citing ARS §33-1816 and request the specific CC&R provision justifying the denial.

3. "Panels are not allowed on tile roofs"

Defense: This is an outright prohibition disguised as a structural concern. Modern solar mounting systems are designed for tile roofs. The HOA cannot prohibit installation based on roof type — that would "prevent installation," which ARS §33-1816 does not permit.

4. "You need to remove your panels — they were never approved"

Defense: Even if you skipped the architectural approval process, the HOA cannot order removal of a protected solar energy device. They may be able to fine you for the procedural violation (failing to submit an application), but they cannot force removal of the panels themselves. File a retroactive application immediately.

5. "Solar panels reduce property values in the neighborhood"

Defense: This argument has no legal basis under ARS §33-1816. The statute protects solar installation regardless of aesthetic concerns or subjective property value claims. Multiple studies, including from the Lawrence Berkeley National Laboratory, have found that solar panels increase property values.

If you have received a violation notice or denial for solar panels, follow this process:

1. Get the denial or violation in writing. If the HOA communicated verbally, request a written statement citing the specific CC&R provision and the reason for the action.
2. Check the restriction against ARS §33-1816. Does the restriction prevent installation, impair function, restrict use, or adversely affect cost or efficiency? If yes, it is likely unenforceable.
3. Get a solar installer's written assessment. If the HOA claims you can move panels to a different location, have your installer document the energy output reduction and any additional costs. This creates evidence that the restriction "adversely affects cost or efficiency."
4. Send a written response citing ARS §33-1816. Reference the statute, attach the installer's assessment, and request that the violation be rescinded or the application approved. Send via certified mail.
5. Request a hearing. Under ARS §33-1803, you have the right to a mandatory hearing before any fine is imposed. Present your evidence at the hearing. Bring the statute text, the installer's letter, and any photos.
6. File an ADRE complaint if needed. If the HOA upholds the violation despite your evidence, file a complaint with the Arizona Department of Real Estate under ARS §32-2199.01. The ADRE can investigate and take enforcement action against HOAs that violate state law.

ARS §33-1816 includes an important enforcement mechanism: attorney fees are awarded to the prevailing party in any litigation over solar energy device restrictions. This means:

• If you sue your HOA for blocking your solar installation and win, the HOA pays your attorney fees
• This creates a strong incentive for HOAs to settle rather than litigate — they risk paying both sides' legal costs
• Many HOA attorneys will advise their board to back down once the homeowner cites ARS §33-1816 with documentation, because the litigation risk is one-sided

Before hiring an attorney, try the dispute process above. Most solar panel violations in Arizona can be resolved with a well-crafted response letter citing the statute. If the HOA refuses to budge, consult an Arizona real estate attorney — many offer free initial consultations for HOA disputes.

In addition to Arizona's strong state law protections, federal law provides additional support:

FCC OTARD Rule (47 CFR §1.4000)

The FCC's Over-the-Air Reception Devices rule protects the installation of devices that receive video or internet signals. While originally designed for satellite dishes, some solar panels with integrated monitoring systems may qualify for OTARD protection. This is particularly relevant for solar systems with microinverters that transmit production data wirelessly.

Federal Solar Investment Tax Credit (ITC)

The federal solar ITC currently offers a 30% tax credit on solar installation costs. HOA restrictions that delay installation can cost homeowners money by pushing them into a lower credit year. This financial impact strengthens the argument that unreasonable HOA restrictions "adversely affect the cost" of solar installation under ARS §33-1816.

For more on federal protections that override HOA rules, see our federal HOA laws guide.

Unlike solar panels, Arizona has not yet passed a specific right-to-charge law for electric vehicle chargers. This means your HOA may have more authority to restrict EV charger installation than solar panels — depending on what your CC&Rs say.

However, several arguments may protect your EV charger installation:

• Unreasonable restriction defense — ARS §33-1318 prohibits HOAs from adopting rules that are "unreasonable." A blanket ban on EV chargers in a state promoting electric vehicle adoption may be deemed unreasonable
• ADA accommodation — If an EV charger is medically necessary (for a homeowner who needs a wheelchair-accessible vehicle), the Fair Housing Act may require reasonable accommodation
• Federal incentives — Federal EV charger tax credits create the same "cost adversely affected" argument as solar panels, though without a specific statute like ARS §33-1816

Watch for 2026 legislation — HB 2185 (drought landscaping) shows the legislature's willingness to override HOA restrictions when they conflict with state policy goals, and EV adoption is a stated Arizona priority. For more on EV charger rights, see our blog post on HOA fines for EV chargers.

Common questions about solar panel rights in Arizona HOAs.