|
REFERENCE TITLE: homeowners' associations; sunscreens |
|
State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
|
|
HB 2695 |
|
|
|
Introduced by Representatives Campbell CH, Sinema, Young Wright: Ableser, Campbell CL, Nichols
|
AN ACT
amending title 33, chapter 9, article 3, Arizona Revised Statutes, by adding section 33-1262; amending section 33-1816, Arizona Revised Statutes; relating to condominiums and planned communities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 9, article 3, Arizona Revised Statutes, is amended by adding section 33-1262, to read:
33-1262. Sun screens; reasonable restrictions; fees and costs
A. Notwithstanding any provision in the condominium documents, an association shall not prohibit the installation or use of solar screens that are intended to act as an energy saving device. An association may adopt reasonable rules that govern the aesthetics, dimensions, placement, external appearance and definition of solar screens if those rules do not prevent the installation or impair the functioning of the device, restrict its use or adversely affect the efficiency of the device.
B. Notwithstanding any provision of the condominium documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.
Sec. 2. Section 33-1816, Arizona Revised Statutes, is amended to read:
33-1816. Solar energy devices; sun screens; reasonable restrictions; fees and costs
A. Notwithstanding any provision in the community documents, an association shall not prohibit:
1. The installation or use of a solar energy device as defined in section 44‑1761.
B. An association may adopt reasonable rules regarding the placement of a solar energy device if those rules do not prevent the installation, or impair the functioning of the device, or restrict its use or adversely affect the cost or efficiency of the device.
2. The installation or use of solar screens or shade structures that are intended to act as an energy saving device. An association may adopt reasonable rules that govern the aesthetics, dimensions, placement, external appearance and definition of solar screens and shade structures if those rules do not prevent the installation or impair the functioning of the device, restrict its use or adversely affect the efficiency of the device.
C. b. Notwithstanding any provision of the community documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.