The proposed bill amends sections 33-439 and 33-1816 of the Arizona Revised Statutes, focusing on real property and the use of energy and water-saving devices. The bill expands the current law, which voids any covenant or restriction that prohibits the installation or use of solar energy devices. The new language adds that such prohibitions are also void and unenforceable for water-saving devices or indoor or outdoor water conservation practices.

Additionally, the bill clarifies that homeowner associations (HOAs) cannot prohibit the installation or use of solar energy devices or water-saving devices and practices. It allows HOAs to adopt reasonable rules regarding the placement of these devices or practices, provided they do not prevent installation, impair functioning, restrict use, or adversely affect cost or efficiency. The bill also mandates that HOAs provide written notice to members about any adopted rules and confirms that courts shall award attorney fees and costs to parties who substantially prevail in actions against an HOA board for violations of this section.

Statutes affected:
Introduced Version: 33-439, 33-1816, 44-1761