Garden Lakes Community Association, Inc. v. Madigan

Avondale · AZ · Court of Appeals of Arizona, Division One

Member win · architectural

What happened

Homeowners in Garden Lakes (Avondale), including the Madigans and Speaks, installed solar energy devices. The association's architectural guidelines tightly regulated solar appearance/placement. The association sued; the homeowners defended under A.R.S. § 33-439(A), arguing the restrictions effectively prohibited solar. After trial, the superior court ruled for the homeowners. The Arizona Court of Appeals, Division One, affirmed (Feb. 18, 2003).

What the court (or agency) held

Under A.R.S. § 33-439(A), deed restrictions that "effectively prohibit" installation or use of solar energy devices are void and unenforceable. Whether guidelines (as written and as applied) effectively prohibit solar is a factual question; the trial court's homeowner-favorable finding was affirmed.

Why this matters for members

Arizona's solar statute looks past facial "reasonable regulation" language to whether rules effectively ban solar. Trial evidence about feasibility under the guidelines drove the outcome.

What the member did

Defended under A.R.S. § 33-439 and proved at trial that the association's restrictions effectively prohibited solar installation/use.

Questions for the board

Questions for a lawyer

Citation

Garden Lakes Community Association, Inc. v. Madigan, No. 1 CA-CV 00-0570 (Ariz. Ct. App. Feb. 18, 2003) (2003-02-18). Court of Appeals of Arizona, Division One. Outcome chip: member_win. Source: https://caselaw.findlaw.com/court/az-court-of-appeals/1320811.html

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.