Bill Text: AZ HB2355 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Planned communities; energy savings devices [Track Bill]
Status: 2010-01-20 - Referred to House GOV Committee [HB2355 Detail]
REFERENCE TITLE: planned communities; energy savings devices
State of Arizona
House of Representatives
Second Regular Session
Representatives Sinema, Ableser, Barnes, Patterson, Young Wright: Antenori, Biggs, Campbell CH, Campbell CL, Deschene, Heinz, Nichols, Schapira, Tovar
AMENDING section 33-1816, Arizona Revised Statutes; relating to planned communities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1816, Arizona Revised Statutes, is amended to read:
33-1816. Solar energy devices; energy saving devices; reasonable restrictions; fees and costs
A. Notwithstanding any provision in the community documents, an association shall not prohibit:
1. 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, or impair the functioning of the device, or restrict its use or adversely affect the cost or efficiency of the device.
2. The installation or use of the following energy saving devices:
(a) Awnings, shutters, trellises and ramadas.
(b) Attic or garage fans and any associated vents or louvers.
(c) Energy efficient outdoor lighting devices including light fixtures that contain a coiled or straight fluorescent light bulb, and any solar recharging panel, motion detector or other equipment that is connected to the lighting device.
B. An association may adopt reasonable rules regarding the placement and color of an energy saving device if those rules do not prevent the installation or impair the functioning of the device, restrict its use or adversely affect the 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.