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REFERENCE TITLE: homeowners' associations; evaporative coolers |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2138 |
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Introduced by Representative Fillmore
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AN ACT
amending section 33-1816, Arizona Revised Statutes; relating to planned communities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1816, Arizona Revised Statutes, is amended to read:
33-1816. Solar energy devices; evaporative coolers; reasonable restrictions; fees and costs
A. Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of any of the following:
1. A solar energy device as defined in section 44‑1761.
2. An evaporative cooler that is designed primarily for use as a residential cooling device.
B. An association may adopt reasonable rules regarding the placement of a solar energy device or an evaporative cooler 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.
C. 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.