Arizona limits HOAs from blocking energy- and water-saving upgrades. This bill protects installation of solar and water-conservation devices despite association rules, so a board can't ban rooftop solar or efficient fixtures.
In short: Protects installation of solar and water-conservation devices despite HOA rules.
Introduced — no action Pro-homeowner
SB1358 bars homeowners associations from prohibiting solar devices and water-conservation devices or practices. Associations may still set reasonable placement rules, but only if those rules do not block installation, impair how the device works, or raise its cost or reduce its efficiency. It also voids deed restrictions that ban these installations.
For homeowners: Pro-homeowner: it bars associations from prohibiting solar and water-conservation devices, limits them to placement rules that cannot impair function or raise cost, and voids covenants banning such installations. The mandatory attorney-fee award to a prevailing owner strengthens enforcement against overreaching boards.
What the bill actually does, point by point — from the Arizona Legislature’s official fact sheet.
- Associations shall not prohibit the installation or use of solar devices or water conservation devices/practices (new A.R.S. 33-1816 provisions).
- Associations may adopt reasonable rules on placement only, and only if the rules do not prevent installation, impair functioning, or adversely affect the device's cost or efficiency.
- A court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board for violating this section.
- Associations must give written notice to members of any rules adopted under this section.
- Amends A.R.S. 33-439 so that covenants prohibiting solar devices or any water-saving device or indoor/outdoor water conservation practice are void and unenforceable (with pre-1980 exceptions).
The A.R.S. sections this bill amends, adds, or repeals — taken from the bill text. Click one to read the current law.
Organizations and industry insiders who registered a position on this bill through the Legislature’s public Request to Speak system — simply where each stood: For, Against, or Neutral. Individual homeowners are not listed. Whether this bill helps or hurts homeowners is our own read, shown by its label above — a group’s position doesn’t set our call. Each row links to that entity’s report card and to the source at azleg.gov.