REFERENCE TITLE: homeowners' associations; solar, water devices

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SB 1358

Introduced by

Senators Mendez: Gabaldón, Miranda, Sundareshan, Terán; Representative Salman

An Act

amending sections 33-439 and 33-1816, Arizona Revised Statutes; relating to real property.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 33-439, Arizona Revised Statutes, is amended to read:

START_STATUTE33-439. Restrictions on installing or using solar energy devices or water saving devices or practices invalid; exception

A. Any covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property which that effectively prohibits the installation installing or use of a solar energy device as defined in section 44-1761 using any of the following is void and unenforceable:

1. A solar energy device as defined in section 44-1761.

2. A water saving device or indoor or outdoor water conservation practice.

B. A deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property entered into before April 17, 1980 shall is not be subject to the provisions of this section. END_STATUTE

Sec. 2. Section 33-1816, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1816. Solar energy or water saving devices or practices; reasonable restrictions; fees and costs; notice

A. Notwithstanding any provision in the community documents, an association shall not prohibit the installation installing or use of using any of the following:

1. A solar energy device as defined in section 44-1761.

2. A water saving device or indoor or outdoor water conservation practice.

B. An association may adopt reasonable rules regarding the placement of placing a solar energy device or water saving device or using a water conservation practice if those rules do not prevent the installation installing the device, impair the functioning of the device or practice, or restrict its use using the device or practice or adversely affect the cost or efficiency of the device or practice.

C. Notwithstanding any provision of the community documents: , 

1. 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.

2. An association shall provide written notice to members of any rules adopted pursuant to subsection B of this section. END_STATUTE