House of
Representatives
HB 2141
homeowners' associations; sun screens
Sponsor: Representative Campbell CH
HB 2141 prohibits homeowners’ associations (HOAs) from excluding the use of solar screens and shade structures, but allows for the adoption of reasonable rules regarding the devices’ use.
History
Title 33, Chapters 9 and 16, Arizona Revised Statutes (A.R.S.), outline the regulatory requirements for condominiums and planned communities (single-family homes) respectively, and are overseen by what are commonly known as homeowners’ associations. The codes, covenants and restrictions (CC&Rs) provide direction to the HOA, and a board of directors duly elected by the membership varies accordingly.
Laws 2007, Chapter 288 stipulates that an HOA of a planned community cannot prohibit the installation or use of a solar energy device as defined in A.R.S. § 44-1761. However, HOAs may adopt reasonable rules regarding the placement of a solar energy device as long as the adopted rules do not impair the functioning of the device, unreasonably restrict its use or adversely affect the cost or efficiency of the device. Additionally, A.R.S. § 33-1816 Subsection B requires the court to award reasonable attorney fees and costs to any party who substantially prevails in litigation against an HOA as it relates to these provisions.
A.R.S. § 44-1761, defines a solar energy device as a system or series of mechanisms designed primarily to provide heating or cooling, to produce electrical power, to produce mechanical power, to provide solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such devices may also have the capability of storing such energy for future utilization. Passive systems shall clearly be designed as a solar energy device not part of a normal structure.
Provisions
· Stipulates that a planned community or condominium HOA cannot prohibit the installation or use of solar screens or shade structures intended to act as energy saving devices.
· Specifies that an HOA can adopt reasonable rules regarding the placement of these items as long as the adopted rules do not prevent the installation or impair the functioning of the device, restrict its use or adversely affect the efficiency of the device.
· Requires that the court award reasonable attorney fees and costs to any party who substantially prevails in litigation against an HOA as it relates to these provisions.
---------- DOCUMENT FOOTER ---------
Forty-ninth Legislature
First Regular Session 2 February 18, 2009
---------- DOCUMENT FOOTER ---------