Solar Panels in an HOA: Navigating Restrictions and Solar Access Laws

If you live in a neighborhood with a homeowners’ association, your fees might get you lawn care, the use of a neighborhood pool, or even roof repair. HOAs also come with restrictions.

If you’re considering home solar panels, you might wonder, “Can an HOA deny solar panels?”

The answer depends, in part, on your HOA’s bylaws and the state you live in. While it's impossible to analyze the terms of every single HOA, this article will provide a thorough investigation of:

• What your HOA can and cannot control
• Solar access laws
• Solar easement regulations
• Common reasons an HOA might try to restrict solar panel installations
• How solar companies like Palmetto can help you overcome those restrictions

Here’s what you need to know about working with your HOA when you’re getting solar panels and what authority it has to affect your solar panel system.

Can My HOA Stop Me From Installing Solar Panels?

That answer depends on the terms of the HOA agreement you signed when you moved into your home and the state you live in. Your HOA may be able to limit how and where you can install home solar panels. Your HOA may also be able to outright ban the installation of photovoltaic (PV) systems within your planned community, depending on your state's laws.

Here's the good news: About 50% of US states protect the rights of homeowners to own and produce solar power on their property. It’s key you understand the power your HOA really has, what it can and cannot do, and your rights according to the solar access laws and solar easement regulations in your area.

States with solar access laws

(Note: We make every effort to be accurate, but policies change. Palmetto does not offer legal advice.)

What Your HOA Can and Cannot Control

What degree of control does your HOA actually have over your solar power generation? State solar access laws and the HOA bylaws define what reasonable restrictions can be placed on a solar panel system.

Reasonable restrictions

Solar access laws typically allow for reasonable restrictions. Different states define “reasonable” differently, but they often limit the cost of changing the system or a decrease in production. For example, Michigan’s solar access law says an HOA can’t make changes to the design that increase the cost by more than $1,000 or decrease production by more than 10%.

Public safety

Some solar access laws, like those in Texas, say solar panels can be denied if they pose a threat to public safety.

Historic district laws

If you live in a historically significant district, you may be restricted in changes you can make to a building’s appearance.

Property values

Part of an HOA’s reason for existing is to protect property values. The good news is that solar panels often increase them.

Working With Your HOA

Getting HOA approval is one step in the process of going solar that definitely requires you, the homeowner, to take an active role.

Here are some tips for working with your HOA.

• Work with a reputable solar company: About 30% of the US housing stock is governed by an HOA. That means solar companies have successfully navigated HOA restrictions many times over. Your solar company may be a useful resource in working with your HOA.
• Read the HOA rules in depth: HOA bylaws that prohibit solar panels mainly stem from the belief that this equipment can drastically change the exterior look of the homes in your neighborhood and reduce home values. In fact, solar panels often increase home values.. Educate yourself about your HOA guidelines so you can better compare them to the latest solar access laws.
• Educate the board: Doing the work to help your HOA’s decision makers understand the benefits of solar, both to you and the neighborhood, can be the simplest way forward. It could also lead to a change in your HOA’s bylaws, making it easier for others to join you in going solar.
• Talk to a sympathetic member of the HOA board: Talking to a friend serving on the HOA board of directors may work wonders. Be sure to help them understand how solar power can benefit everyone in terms of the environment, home value, and energy costs.
• Talk to a lawyer or real estate agent for advice: State solar access laws might override HOA rules limiting solar panels. Many of these laws still allow the HOA to implement a few restrictions. If you feel the restrictions aren’t reasonable or legal, a lawyer or experienced realtor may be able to help.

Review Solar Access Laws in Your Area

Solar access laws protect people’s right to install solar panels on their homes and use that solar energy. They also protect homeowners from solar panel bans or unreasonable restrictions.

However, these laws differ from state to state, so you should research your rights before taking up the issue with your HOA. That way, if your HOA isn't aware of your rights or attempts to violate them, you can let them know.

HOAs may still be allowed to implement "reasonable restrictions.”  You may also have to ask for permission to install your panels and ensure they're not visible from the public right-of-way.

Overcoming Common Objections to Solar

HOAs may think they have good reasons for not allowing solar panel installations in the neighborhood. In most cases, their solar panel rules may have been in place for a long time and need updating. Inevitably, most solar panel restrictions usually boil down to two reasons: property values and historic district laws.

Reasonable restrictions

If your HOA proposes modifications to your solar panels that run afoul of a reasonable restriction deadline, you may be able to work with your solar installer to show the modifications would cost or reduce production more than the law allows.

Protecting property values

If your HOA objects on the grounds of solar panels dragging down property values, you can show them that most evidence points to the opposite.

Your HOA may also be interested to learn solar panels can often boost property values. For example, a 2019 study conducted by Zillow found “homes with solar-energy systems sold for 4.1% more on average than comparable homes without solar power.”

Historic district laws

Historic districts often have restrictions in place to preserve the external look of buildings. This might include restrictions on visible solar panels. Even in a historical district, there may be ways to install solar panels that don’t run afoul of historic district laws.

• Install low-profile panels that are flat or in line with your roof's slope
• Hide the panels away from the primary facade, architectural features, and the roof's edge
• Match the mounting equipment color so it blends well with existing roof materials
• Install the PV system in a location that doesn’t obstruct public visibility in any common area
• Avoid removing or replacing historic roofing materials when installing solar panels
• Maintain the roof or building's existing features and configuration

The Benefits of Solar

An HOA may not always be enthusiastic about solar panels, especially if the decision makers have older models in mind or have latched on to misinformation.

Head into conversations with your HOA with the benefits of solar in mind. Even those that don’t relate directly to property values may be useful if it’s understood that what’s good for the neighbor might be good for the neighborhood.

• Elegant design: Thanks to the latest technologies, most panels are less bulky and more visually appealing than ever before. After seeing what a modern installation looks like, many HOAs will drop their misconceptions about the alleged ‘ugliness’ of solar.
• Improved home values: Solar panels can help boost a property's value. In fact, research has found out that for every $1 saved in energy costs annually, home value can increase by $20.
• Reduced energy bills: The savings on your energy bills can be significant. In areas that allow for net metering, some homeowners can even contribute extra power back to the utility grid when they generate more electricity than they can use.
• More affordable: Solar prices have fallen considerably over the last decade.
• Low maintenance: An occasional cleaning and yearly maintenance are all your solar panels need to maintain maximum output. You can clean the solar panels on your own, or let the rain and wind do the job. Many solar panel owners also enroll in full-service protection plans to make sure all their maintenance and checkup needs are covered. There shouldn’t be frequent maintenance visits disturbing your neighbors.
• Federal tax credits: The United States has a Solar Tax Credit to help homeowners with the upfront costs of solar panel system installation. Some states even offer additional incentives and rebates to help lower those prices further.
• Helps the environment: Traditional electricity contributes to climate change because of the greenhouse gas emissions made by burning natural gas and fossil fuels. Solar energy is pure and clean, so more solar installations will help reduce the carbon footprint of the whole neighborhood.

How Palmetto Works With HOAs

Working with a reputable solar company like Palmetto can help make the process of getting solar panels in an HOA much smoother.

At Palmetto, our representatives and solar power installers have years of experience working with HOAs. They're ready to offer guidance and advice about the process, and help explain the pros and cons of solar panels that you can use to your advantage when talking to your HOA.

When it comes down to it, though, homeowners often take the lead on negotiations and communication with the HOA. In some cases,  HOAs won’t allow third parties like solar companies to make submissions to them. Here’s how you might expedite the process.

• Understand your state's laws: As discussed earlier, solar access laws vary from state to state and can sometimes be confusing. Palmetto can help you learn about what laws impact you most.
• Know the HOA solar panel rules: HOA requirements regarding the placement and design of solar panels can significantly impact your system's price and other installation aspects. We can help you navigate these rules, especially if you've moved to a new area.
• Expedite the solar panel approval process: The trick to winning over your HOA board members is to educate them on how solar panels can help them. From boosting their home values, lowering energy costs, protecting the environment, and more, we’ll help you present a strong case and strike a win-win agreement.

Negotiating with an HOA can be tricky, but doesn’t have to be. Where solar access laws are in place, your main back-and-forth may be over placement and design and not whether you can have panels at all. Without the support of solar access laws, you may need to persuade your HOA to allow you to install solar panels. Here, working with a reputable company can help.

Get started today with a Free Solar Savings Estimate, and find out how much you can save by making the switch.

Frequently Asked Questions

Can an HOA deny you solar panels?

In states with solar access laws, HOAs can’t deny you solar panels, but they may be able to place reasonable restrictions on their placement. In states without such laws, HOAs may be able to deny you solar panels.

What are solar access laws?

Solar access laws limit the restrictions HOAs can place on solar panel installations. Laws vary by state, so be sure to understand the regulations where you live.

About the AuthorAndrew BlokWriter and Editor

Andrew has worked as a journalist and writer for four years, over half of those dedicated to covering solar. He currently lives in Tucson, AZ, where you might run into him walking his dog and birding while dodging the heat. He has degrees in English education and journalism.