Arizona Incentives/Policies for Renewables & Efficiency |
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Last DSIRE Review: 08/09/2012
Program Overview:
| State: |
Arizona |
| Incentive Type: |
Solar/Wind Access Policy |
| Eligible Renewable/Other Technologies: |
Passive Solar Space Heat, Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Photovoltaics, Solar Pool Heating, Daylighting |
| Applicable Sectors: |
Residential |
Authority 1:
Date Enacted:
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A.R.S. §33-439
1979
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Authority 2:
Date Enacted:
Date Effective:
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A.R.S. § 33-1816
7/2/2007
9/19/2007
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Summary:
Arizona law protects individual homeowners’ private property rights to solar access by dissolving any local covenant, restriction or condition attached to a property deed that restricts the use of solar energy.
This law sustained a legal challenge in 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 remove roof-top solar panels. 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)."
Senate Bill 1254, enacted in July 2007, stipulates that a homeowners association may not prohibit the installation or use of solar-energy devices (panels and associated devices). An association may, however, adopt reasonable rules regarding the placement of a solar device if those rules do not prevent the installation of the device, impair the functioning of the device, restrict its use, or adversely affect the cost or efficiency of the device. The bill also grants reasonable attorney fees to any party who substantially prevails in litigation against an association's board of directors. |
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Disclaimer: The information presented on the DSIRE web site provides an unofficial overview of financial incentives and other policies. It does not constitute professional tax advice or other professional financial guidance, and it should not be used as the only source of information when making purchasing decisions, investment decisions or tax decisions, or when executing other binding agreements. Please refer to the individual contact provided below each summary to verify that a specific financial incentive or other policy applies to your project.
While the DSIRE staff strives to provide the best information possible, the DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. make no representations or warranties, either express or implied, concerning the accuracy, completeness, reliability or suitability of the information. The DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. disclaim all liability of any kind arising out of your use or misuse of the information contained or referenced on DSIRE Web pages.
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