GARDEN LAKES COMMUNITY ASSOCIATION, INC. v. Madigan

OPINION

GEMMILL, Judge.

¶ 1 Homeowners in the Garden Lakes subdivision in Avondale, Arizona are members of the homeowners association known as the Garden Lakes Community Association, Inc. (“Association”). The Association issued architectural restrictions governing the construction and appearance of solar energy devices on homes within the subdivision. The appellee homeowners claimed that the restrictions were unenforceable under Arizona Revised Statutes (“A.R.S.”) section 33-439(A)(2000) because the restrictions “effectively prohibited” the homeowners from installing or using solar energy…