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Solar Panels and HOAs

Many states limit an association's ability to ban rooftop solar. The details are in the statute, not in a palette.

Reviewed October 1, 20261 min read

This is general information for homeowners in the United States. It is not legal advice and it does not create an attorney-client relationship. Your CC&Rs and your state's current statute control. Read both, and talk with a lawyer licensed in your state before you rely on any of this.

Solar disputes are a statute problem wearing an architectural costume. The board talks about streetscape. The legislature often already decided that energy equipment wins, within limits.

States that wrote it down

California’s Solar Rights Act, Civil Code section 714, limits restrictions that effectively prohibit or restrict solar energy systems, including restrictions that significantly increase cost or decrease efficiency. Texas Property Code section 202.010 limits a property owners’ association’s ability to ban solar energy devices, with exceptions for things like location on a roof facing a street in some cases. Other states, including Arizona and Florida, have their own solar provisions. If we have a guide for your state, start there. If we do not, search your state code for “solar energy” and the association chapter before you accept a denial letter.

Still submit the application

A statute is not a reason to skip the committee. Submit the panel layout, the equipment specs, and a note that you are relying on the state section. Use the architectural request. Ask them, if they deny it, to explain the denial in terms of the statute’s cost and efficiency test rather than “we do not like the look.” A denial that ignores the statute is the letter you take to a lawyer, along with the contractor’s cost comparison.

Common questions

Can my HOA ban rooftop solar?

In a growing list of states, a blanket ban is not enforceable. The association can often still require a location or a design that does not significantly raise the cost or cut the output. The test is statutory. Read it.

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