State Regulations of Homeowners Associations’ Abilities to Restrict Solar Panels

Twenty-nine states have adopted law that restricts the ability of a homeowners association (HOA) to restrict or prohibit the installation of devices onto an HOA member’s home that capture and transform sunlight into electricity. Such devices are commonly referred to as solar panels, solar energy systems, solar collectors, and other similar terms, though the exact definitions vary by state. Of these states, 22 allow HOAs to implement only reasonable restrictions, while the remaining 7 also allow other types of restrictions. Including Kansas, 21 states do not have law addressing this topic.
For purposes of this article, the term “solar panel” will be used generally to encompass the array of devices mentioned previously.

Reasonable Restrictions

Of the states that allow for only “reasonable restrictions” on solar panels, the definition of what is a “reasonable restriction” is not uniform. However, these definitions generally include one or more of the following:

• Do not significantly increase the cost of installation, maintenance, and removal of the system;
• Do not significantly decrease the efficiency or specified performance of the system; and
• Allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

Other Restrictions

New Mexico and Vermont impose reasonable restrictions, except that New Mexico’s are based on an Attorney General opinion rather than statute, and Vermont’s provisions apply to any entity granted the power or right to enforce restrictions, not just an HOA.

Montana prohibits HOAs from imposing more stringent restrictions than what were in place at the time the member acquired the property without the express consent of the member. Similarly, West Virginia law states that HOA policies prohibiting or restricting solar panels are void and unenforceable unless voted on and approved by the HOA’s members.

Iowa law allows for cities and counties to preclude new subdivisions from adding covenants that unreasonably restrict the use of solar panels.

Ohio law allows for owners of certain condominium units to install solar panels in certain circumstance:

• If the unit owner is responsible for the unit’s roof; or
• The HOA declaration assigns responsibility for and allows for solar panels.

Wyoming’s Solar Rights Act declares the beneficial use of solar energy to be a property right, and therefore is only to be regulated by local government within specific bounds, such as by establishing a permit system.