How Solar Panels Work with HOA Rules and Restrictions

If you live in a community with a homeowner’s association (HOA), you’re probably subject to a number of rules and regulations regarding your property’s aesthetic appeal. While many HOA committees impose stringent restrictions on landscaping, noise levels, and rental limitations, state laws may protect your right to install solar panels on your property. Before purchasing a solar array, you’ll want to have a solid understanding of your HOA’s regulations and authority to impose constraints on your renewable energy system. 

Understanding HOA Rules on Solar Panels

Owning a home within an HOA doesn’t automatically mean you can’t install solar panels on your roof. However, you may need to find creative solutions to HOA restrictions on solar. 

Overview of HOA Solar Restrictions and Regulations

Most HOA organizations are in place to maintain community standards throughout their jurisdictions. When you purchase a home in a neighborhood with one of these groups, you agree to abide by their rules and regulations, which may include maintaining your lawn, honoring “quiet hours,” or agreeing to various architectural standards, among other things. 

In an effort to support community aesthetics, some HOA boards may place certain restrictions on solar panels, including appearance requirements and placement guidelines. They might demand panels match the color of your roof or be installed in less visible areas, such as the back of your home. Some prohibit ground-mounted arrays but allow rooftop systems. Others require homeowners to submit a proposal for approval before installing solar panels. 

State Laws Protecting Homeowner Solar Rights

Many states have passed solar access laws that limit the power of HOA committees when it comes to placing unreasonable restrictions on solar panels. For example, Florida Statute 163.04 states that HOA boards can’t stop homeowners from installing solar panels on their property, but they can suggest where to place them as long as that placement doesn’t interfere with energy production. You’ll find similar laws in Delaware, Maryland, Connecticut, New York, New Jersey, and Washington, DC. 

The Balance Between HOA Restrictions and Homeowner Rights

Distinguishing between reasonable restrictions and prohibitive solar regulations from your HOA can feel challenging. While reasonable limitations create guidelines for installing solar, prohibitive restrictions create barriers, making adherence so difficult or expensive that solar becomes impractical or impossible for the average homeowner. 

If you live in a state with solar access laws, HOA restrictions should extend only to reasonable guidelines. In other words, your HOA can’t prevent installation just because they don’t like how it looks. They might suggest placing an array on the back of your home, but they can’t limit your placement to inconspicuous areas if it inhibits your array’s performance. 

Unfortunately, homeowners without state-sponsored protection don’t always have the same rights as those elsewhere. In these cases, an HOA may have more authority to refuse solar installations. 

Working Effectively with Your HOA

When installing solar panels under HOA restrictions, balance is key. After all, the board is likely made up of your neighbors, so you’ll want to approach the situation with the right mindset to avoid creating a rift in the community. 

Steps to Prepare for HOA Approval

Before beginning the journey to solar installation, it’s wise to research your HOA’s solar panel regulations to understand your starting point. Read through the board’s specific solar restrictions as well as your state’s solar access laws. Then, draft a thoughtful proposal outlining your project and addressing any potential concerns, such as placement, panel specifications, and your installer’s qualifications. Consider including a digital rendering of the finished product. Remember, being proactive and thorough can help dispel any hesitation your HOA may have. 

Communicating the Benefits of Solar Installations

The whole point of an HOA is to uphold community values, and your proposal is your chance to demonstrate how a solar array can help your neighborhood save money and support the environment. Highlight the potential property value growth expected from installing solar, and detail your anticipated household savings from green energy. Demonstrate how your array can support the community’s sustainability goals for a more sustainable future. 

If your utility provider offers net metering, be sure to include how this arrangement can help provide clean energy to your entire community. 

Partnering with Solar Installers Experienced in HOA Regulations

A knowledgeable solar expert can help you navigate solar panel restrictions and regulations within an HOA and streamline the approval process. These professionals know how to create permit-ready, HOA-compliant proposals and design systems that satisfy reasonable constraints placed by similar boards. When shopping around for a solar company, be sure to ask about their experience with HOA committees, their success rate with local boards, and how they approach restrictive covenants. 

Common Challenges and Legal Considerations

Installing a solar panel array in a neighborhood with an HOA isn’t always easy, even if you’re protected under solar access laws. Here are a few considerations to keep in mind as you navigate the approval process: 

Solar Easement Laws and Their Importance

Solar easements are another legal protection for your renewable energy investment. These voluntary agreements between you and your neighbor ensure unobstructed sunlight access for optimal panel performance. Let’s say your next-door neighbor has tall trees that could potentially create shade above your solar array. You or your legal representative can draft an agreement stating that the neighbor will trim the trees when they reach a certain height to avoid a drop in your array’s energy production. 

Of course, your neighbor may not want to agree to these terms without some form of compensation. Consider offering to pay for these tree trimmings when they become necessary to give your neighbor a reason to grant you the easement. Because solar easements are voluntary, these agreements are another good reason to stay on good terms with the folks in your neighborhood or HOA. Your neighbors may be more likely to strike a deal if you have a history of maintaining your property and contributing to the neighborhood’s aesthetics. 

Examples of Reasonable HOA Restrictions on Solar Panels 

Your HOA may not be able to prohibit solar panels, but they can still place restrictions on the aesthetics of your array. For instance, they might limit photovoltaic panels to those that match the color of your roof or meet certain size limitations. If the back side of your home receives ample sunlight, your HOA may be able to restrict placement, as well. 

Here are a few examples of reasonable regulations HOAs often place on solar panel installations:

• Solar panels must be black-framed and low-profile. 
• Panels should be flush with the roof and may not extend beyond the roofline. 
• Wiring and conduits should be concealed wherever possible. 
• Solar panels must be installed by a licensed professional. 
• All solar panel systems must be approved by the HOA prior to installation. 

Keep in mind that HOAs in states without solar access laws may have more regulatory power to prevent solar installations based on aesthetic preferences. 

Appealing an HOA Decision 

Your HOA can reject your solar project for a number of reasons, which may or may not be legally sound. For example, they might turn down a proposal for an array that’s particularly large or obtrusive. In other cases, your proposal may lack proper documentation. Let’s break down the appeal process step by step:

1. Request a written explanation: In order to satisfy the solar restrictions of your HOA, you first need to know why your proposal was denied. Ask for a thorough explanation, including the specific rules or guidelines in question. 
2. Review state laws: In states with solar access laws, HOAs can’t legally prohibit solar installations based on visibility alone. Be prepared to appeal based on legal grounds whenever possible. 
3. Gather documentation: Get a site plan, shading analysis, and full breakdown of your proposed solar array, as well as your installation expert’s licensing and certification information. 
4. Submit an appeal: Write a formal appeal citing your state’s solar access laws and how the HOA restrictions will impact efficiency or increase costs. Submit this document, along with all supporting paperwork, within the specified appeal period. 
5. Consider mediation or legal support: If your proposal is denied again and you feel the HOA is unjustly restricting your access to solar, consider meeting with a legal representative to discuss mediation or potential legal action. 

The Benefits of Installing Solar Panels in HOA Communities

An HOA can create barriers to solar, but you can reap substantial benefits once you successfully navigate their restrictions. 

Solar Panels as a Long-Term Investment

When you install a solar array on your property, you can look forward to major financial benefits for decades to come. A properly sized system may generate up to 100% of your energy needs, slashing or eliminating your utility bills. Many homeowners achieve 125% return on investment within five to seven years, and 500% after 20 years. Solar can also increase your property value by nearly 7%, which benefits you and your neighbors. 

Encouraging Sustainability in Community-Oriented Living

Most homeowner’s associations aim to protect long-term property values and maintain community standards. In turn, it makes sense that your HOA should support solar panels as a means of environmental stewardship. As you generate clean solar energy, you also minimize your reliance on harmful fossil fuels and reduce your carbon footprint, further supporting your community’s sustainability initiatives. 

Should You Install Solar Panels with an HOA?

HOAs often get a bad reputation for restricting the freedom of homeowners, but the primary goal of these organizations is to protect the value of the community. If you can show your HOA how solar panels benefit your neighborhood, they may be more likely to approve your proposal. While this may not be an issue in states with solar access laws, homeowners in areas without such protections may need to fight a little harder to reach an agreement with the board. 
The experts at Solar Energy World have installed thousands of solar arrays since 2009 and worked with plenty of homeowners to satisfy the regulations placed by HOA committees. Get a free solar estimate today, and let us handle the rest!