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State Law Prohibits HOAs from Forbidding Solar Heat
Question: Under the Covenants, Conditions and Restrictions governing our Mesa homeowners association, no solar heating can be installed without the approval of the architectural committee. The architectural committee has disapproved requests from individual homeowners who want to install solar heating. We want to install solar heating. A real-estate broker told us that under Arizona law, the CC&Rs cannot prohibit the installation of solar heating. How should we proceed? Answer: Under Arizona law, any language in the CC&Rs that “effectively prohibits the installation or use” of solar heating is generally unenforceable. The CC&Rs, however, can reasonably regulate the installation of solar heating —…
Buyer Needs Legal Access to Property
Question: I recently purchased from a bank 5 acres of land in the White Mountains. When I went to the county to request a building permit to build a home, my request was denied because there was no access to my 5 acres of land. I have access to my land over at least two roads that are well-maintained by the county. What can I do to get a building permit to build a home? Answer: Although you may have physical access to your 5 acres of land over those two county-maintained roads, you apparently do not have legal access.…
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