/can-an-hoa-restrict
Discover if an HOA can restrict solar panels and learn the legal basis for solar access laws to protect your right to install clean energy systems
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Reviewed by:

D. Goren
Head of Content
Updated Dec, 9

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In most states, an HOA can’t fully ban solar panels, but it can apply reasonable rules about placement and appearance. Many states have a “solar rights” or “solar access” law. These laws limit how much an HOA can interfere with a homeowner’s ability to install a functional system.
Where differences appear is in what counts as “reasonable.” Most state laws allow an HOA to set aesthetic rules only if they do not reduce the system’s output by more than 10–20%. If a rule makes the system materially less effective, it is usually invalid.
If you live in a historic district, condo building, or attached townhouse with shared roofing, the association may have greater control because the roof is common property. In those cases, the board can set rules to protect shared structures or insurance coverage, but still must act reasonably and consistently with state law.
Before installing, homeowners should review state statutes, the HOA’s architectural guidelines, and the approval process to avoid conflicts.

Most states now have solar rights laws. These laws limit how far an HOA can go when regulating solar panels. In general, an HOA may create rules for appearance, placement, and safety, but may not issue a rule that makes solar “unreasonably costly, burdensome, or less effective.” Federal law does not directly cover rooftop solar on private homes, so state law and the HOA’s own governing documents matter most.
If an HOA rule reduces production too much or adds significant cost, it is usually considered unreasonable and may be unenforceable under state law.
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