Q: Can an HOA prevent additional energy-saving insulation from being installed?
I would like to add a new surface to the outside wall this will include additional insulation.
A:
Probably not. However, it depends on what the association's governing documents, e.g. CC&R's, Architectural Guidelines, etc., provide. In many cases, the governing documents require that a homeowner obtain the association's approval when painting, or making any alteration to the exterior of a home. If the association approves the painting of the outside wall and the additional insulation would have little impact on the exterior of the home, there should not be any reason why the association should disapprove of the additional insulation. However, if the additional insulation changes the exterior of the home, e.g., includes structural changes, such as "pop-outs" surrounding windows, or changes the appearance of the wall compared to a consistent architectural design throughout the community, then the association can probably prevent the insulation.
Note: Recently, the Arizona legislature passed a law that prevents associations from prohibting the installation or use of approved solar energy devices. See A.R.S. 33-1816. Howevever, insulation is not at this time included among the approved "devices."
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