New Solar Energy Law Helps Green Homeowners in HOA communities

Governor Napolitano signed Senate Bill 1254 on "solar energy devices" on July 2.  The new law became effective September 19, 2007 and stipulates that a Homeowner Association shall not prohibit the installation or use of energy devices (panels and associated devices). 

An association may adopt reasonable rules regarding the placement of a solar device so long as those rules do not prevent the installation of the device, impair the functioning of the device, restrict its use, or adversely affect the cost or efficiency of the device.  The bill also requires that the court award reasonable attorney fees and costs to any party who substantially prevails in litigation against an association's Board of Directors as it relates to the provisions.