Decision and Opinion of the first "test" of the law

Here's the full version:
http://www.cofad1.state.az.us/opinionfiles/CV/cv000570.pdf

Here's one of many shorter versions:
http://webcache.googleusercontent.com/search?q=cache:ZvDSnXR7lbQJ:www.westcapsolar.com/pages/hoa.html+madigen+and+speaks+vs+garden+lakes+opinion+summary&cd=4&hl=en&ct=clnk&gl=us

Arizona Law

Please interpret.  Am I nuts???
http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=33


Arizona Revised Statutes:
Title 33-Property, Chapter 4 Conveyances and Deeds (not specific to “planned communities)
33-439. Restrictions on installation or use of solar energy devices 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 effectively prohibits the installation or use of a solar energy device as defined in section 44-1761 is void and unenforceable.
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 not be subject to the provisions of this section.
33-1816. Solar energy devices; reasonable restrictions; fees and costs
A. Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of a solar energy device as defined in section 44-1761.
B. An association may adopt reasonable rules regarding the placement of a solar energy device if those rules do not prevent the installation, 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.

Amber Winter

Mike and Molly, Thank you for your email. With respect to the Park Scottsdale I Townhouse Association’s (“Association”) denial of your request to install solar panels on the Association’s common elements, please refer to Article II, Section 4 of the Association’s

7/9/2010

33-1802. Definitions In this chapter and in the community documents, unless the context otherwise requires: 1. "Association" means a nonprofit corporation or unincorporated association of owners that is created pursuant to a declaration to own and operate portions of a planned community and that has the power under the declaration to assess association members to pay the costs and expenses incurred in the performance of the association's obligations under the declaration. 2. "Community documents" means the declaration, bylaws, articles of incorporation, if any, and rules, if any. 3. "Declaration" means any instruments, however denominated, that establish a planned community and any amendment to those instruments. 4. "Planned community" means a real estate development which includes real estate owned and operated by a nonprofit corporation or unincorporated association of owners that is created for the purpose of managing, maintaining or improving the property and in which the owners of separately owned lots, parcels or units are mandatory members and are required to pay assessments to the association for these purposes. Planned community does not include a timeshare plan or a timeshare association that is governed by chapter 20 of this title. Statute defines a solar energy device (A.R.S. § 44-1716) as a system or series of mechanisms designed primarily to provide heating, to provide cooling, to produce electrical power, to produce mechanical power, to provide solar day lighting 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 systems may also have the capability of storing such energy for future utilization.  Passive systems shall clearly be designed as a solar energy device such as a trombe wall and not merely a part of a normal structure such as a window.

....so here was my first denial for the solar system I have been trying to install on my house since may 2010.  Isn't it nice of the HOA's thugs to give any kind of sitation why the system was denied?  They don't even want to do their job.  When I say "thugs", what I really mean, is the property management company that is hired by my elected home owners representatives to shirk any kind of real responsibility, liability, or repute.  I tried to deal with these SOBs in the nicest way that I know for months...until they accused me of being rude. 

The architectural request that was received was denied however, it allows the solar installation on patio cover or in patio area (limited common elements). Mike contacted me in regards to this letter he received and suggested would be willing to sign a waiver to become responsible for the roof. This request received is still denied, however you may re-submit your request to the board with furthering details pertaining to the same.  

Let me know if I can further assist you.  

Kind Regards,

Don't you just love'm?

Dear Reader

I write this blog to keep my sanity, as well as inform the world about the absurdities that abound.
I first apologize for the length of some of the posts, and my lack of understanding of the blog-o-sphere.
This is my first real reason to gripe to the world about a situation that I seemingly have no control over...because my HOA is made up of uninformed, closed minded, cotton-headed ninimugins, that have no grasp on reality.
Thank you for your comments, good or bad.  I enjoy the discussion.

Signed
Mike the simple minded twit that wanted to reduce his electric bill.