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Solar and HOAs in North Scottsdale: Know Your Rights

October 23, 2025

Thinking about rooftop solar in North Scottsdale, but not sure how your HOA will respond? You are not alone. Many homeowners want lower bills and energy independence, yet worry an HOA might say no. In this guide, you will learn what Arizona law allows, what HOAs can and cannot require, and how to navigate permits, utilities, and approvals in Paradise Valley Village and surrounding North Scottsdale neighborhoods. Let’s dive in.

Your solar rights under Arizona law

What the statutes say

Arizona protects your right to install and use solar energy devices at home. Under A.R.S. § 33-439, any covenant or rule that “effectively prohibits” solar is void and unenforceable. HOAs also cannot prohibit solar under A.R.S. § 33-1816, though they may adopt reasonable rules about placement and appearance that do not prevent installation, impair performance, restrict use, or materially increase cost. If you substantially prevail in a dispute under § 33-1816, courts can award your reasonable attorney fees and costs. See the statutes at A.R.S. § 33-439 and A.R.S. § 33-1816.

What “reasonable restrictions” means

Many HOAs ask for low-profile mounting, color‑matched conduit, or panel placement on less visible roof planes if it will not reduce output. Those kinds of rules are often reasonable. A restriction becomes unlawful if it prevents installation, reduces your system’s efficiency, limits use, or adds meaningful cost. If you need to prove impact, use technical documentation like production estimates, shading studies, and manufacturer specs to show how a proposed change would reduce performance or raise cost under § 33-1816.

How courts have applied the rules

In Garden Lakes Community Assn. v. Madigan, the Arizona Court of Appeals voided HOA guidelines that, in practice, prevented homeowners from installing solar. The court recognized that rules which “effectively prohibit” solar cannot stand under § 33-439, and the homeowners received their fees. This case illustrates how judges look at the real‑world effect of an HOA’s rules. You can read it here: Garden Lakes v. Madigan.

Permits and utilities in North Scottsdale

Permitting in Phoenix and Maricopa County

Paradise Valley Village sits within the City of Phoenix. Phoenix accepts SolarAPP+ for many residential rooftop solar projects and offers online permitting and inspections. If you add a battery, Phoenix coordinates electrical and fire reviews. For addresses in unincorporated areas, Maricopa County provides online solar permit paths and checklists. Always confirm current forms, fees, and submittal items with the city or county. See the City of Phoenix SolarAPP+/photovoltaic page and Maricopa County Go Solar.

APS vs. SRP: why your utility matters

Parts of North Scottsdale may be served by APS, while others are served by SRP. Start by confirming your provider using the APS service area maps or the SRP site. Arizona utilities moved away from full retail net metering for new customers. Most use export credits or net billing, which value your exported energy below retail rates. This shift increases the value of using your solar onsite and can change the case for adding a battery. For context, review Arizona export‑credit basics from Solar United Neighbors and SRP’s current time‑of‑use export plan. APS export rates are set through ACC processes and can change over time, so verify current APS plans when you estimate savings.

Step-by-step: getting HOA approval

  1. Confirm your utility and interconnection rules
  • Identify whether your address is served by APS or SRP and note export credits, any solar customer charges, and time‑of‑use windows that affect payback. Start with the APS service area maps and your provider’s solar pages.
  1. Read your CC&Rs and ARC guidelines
  • Get the recorded covenants and any architectural rules from your HOA or title records. Note any clauses that appear to ban or severely limit solar. A.R.S. § 33-439 treats very old instruments recorded before April 17, 1980 differently, so check dates and wording. See A.R.S. § 33-439.
  1. Build a strong, technical application
  • Ask your installer for a site‑specific plan: panel layout, expected annual production, tilt/azimuth, shading analysis, equipment data sheets, and roof attachment details. These documents help you respond if the HOA requests changes that would reduce output or increase cost.
  1. Apply to the HOA and for permits
  • Submit a complete ARC packet with renderings, specs, and production estimates. Apply for permits through the City of Phoenix or Maricopa County portals. Phoenix’s SolarAPP+ process can speed eligible projects.
  1. If the HOA objects
  • Request written reasons. Use your installer’s data to explain how the requested change would impair performance or add cost. Ask for a meeting and consider a variance if needed. If new rules are adopted, associations must provide written notice under Arizona law. See A.R.S. § 33-1816.
  1. If a rule effectively prohibits your system
  • You can pursue internal appeals or mediation, and you may seek a court order declaring the rule void under §§ 33‑439 and 33‑1816. If you substantially prevail, the court may award your reasonable attorney fees under § 33‑1816(C). Review the statute text at A.R.S. § 33-1816 and the Garden Lakes case for context.
  1. Design choices that reduce friction
  • Low‑profile racking, color‑matched conduit, thoughtful panel placement, and clean wire management can help with aesthetics. Accommodate where it does not hurt performance or cost, and document when a change would.

Timing, incentives, and ROI

Federal incentives have changed. The Residential Clean Energy Credit historically provided a 30% credit for qualified residential solar and batteries. H.R.1, enacted as Public Law No. 119‑21 on July 4, 2025, includes language terminating the Residential Clean Energy Credit for expenditures made after December 31, 2025. Review the program page at the IRS and the law text on Congress.gov when planning your timeline. Because Arizona now uses export credits rather than full retail net metering for new customers, sizing your system for onsite use and evaluating battery storage can be important. For a plain‑English overview of Arizona’s export‑credit structure, see Solar United Neighbors.

We can help you move forward

If you are buying or selling in Paradise Valley Village or greater North Scottsdale, smart solar planning can protect value and reduce friction with the HOA. Our team combines luxury sales expertise with development‑minded guidance to help you read the landscape, coordinate due diligence, and position your home with confidence. Ready to talk strategy for your specific property and HOA? Connect with the Smith Team to get started.

FAQs

Can a North Scottsdale HOA ban rooftop solar?

  • No. Arizona law voids covenants that effectively prohibit solar and prevents HOAs from banning installations. HOAs may adopt reasonable placement or aesthetic rules that do not prevent installation, reduce performance, restrict use, or add material cost. See A.R.S. § 33-439 and § 33-1816.

What if my HOA denies my architectural application for solar?

  • Ask for written reasons, submit technical evidence showing why the requested change would reduce output or increase cost, and seek a meeting or variance. If needed, pursue mediation or court relief; fee awards are possible if you substantially prevail under A.R.S. § 33-1816. See Garden Lakes v. Madigan for how courts analyze disputes.

Do I need a City of Phoenix or Maricopa County permit for solar?

How will APS or SRP pay me for excess solar energy?

  • Most Arizona utilities credit exports under net billing at rates below retail. The exact credit and terms depend on your provider and rate plan. Confirm current APS or SRP export options and review Arizona context from Solar United Neighbors.

Is there still a 30% federal tax credit for solar?

  • The long‑standing credit changed in 2025. H.R.1 (Public Law 119‑21) includes language terminating the Residential Clean Energy Credit for expenditures after December 31, 2025. Verify timing and eligibility with current guidance at the IRS and the law text on Congress.gov.

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