Can I install home solar panels with an HOA?

Homeowners' Associations (HOAs) exist to protect the property values of the homes within the association. To achieve this goal, HOAs sometimes restrict the renovations and alterations homeowners are "allowed" to do to their homes – including solar installations. As a homeowner, you may be ready to take advantage of the benefits of solar energy, but if you have an HOA for your property, you'll probably need to get their permission first.

Fortunately, solar access is becoming increasingly protected by states and local governments nationwide. In this article, we break down solar access rights, where those rights are protected, and how to work with your HOA to install solar panels on your property.

The short answer is it depends on where you live. If your state requires approval for the installation, an HOA can prevent you from installing solar panels by rejecting the proposal. Notably, some HOAs will deny solar installations for aesthetic reasons. Part of their responsibility to uphold the property value of your neighborhood is to maintain uniformity, and a solar array can disrupt that. Luckily, as more states realize the benefits of clean energy and solar continues to grow, solar access rights are becoming more common.

Two major solar access rights protect citizens' rights to go solar: solar access laws and solar easements. Both protect your ability to generate solar electricity for your home, but each addresses a different roadblock for homeowners.

Solar access laws

Solar access laws are state-level laws that prohibit or limit restrictions on solar installations. If you live in a state with a solar access law, your HOA cannot legally prohibit you from installing solar on your property. However, most of these laws still allow for some solar restrictions. Common restrictions that HOAs put on solar installations include requiring flush-mounted panels, prohibiting ground-mounted solar panels, requiring that rooftop installations aren't visible from the public right-of-way, and using equipment that matches the color of the roof. These restrictions can make it difficult or costly for a homeowner to go solar.

Solar easements

While solar access laws protect your right to install solar on your roof, solar easements provide a legal avenue for homeowners to protect their home's access to sunshine. In states with solar easements, property owners can negotiate with their neighbors to protect their right to sunlight and prevent obstructions, such as trees or structures on a neighbor's lawn that cast shade on their panels.

Unlike solar access laws, solar easements are voluntary. If you negotiate a solar easement for your home, it needs to be carried out in writing. Solar easements require a detailed description of the dimensions of where the easement will exist (i.e., the space horizontally and vertically above your rooftop), as well as height restrictions on various parts of the neighboring property. They also may include terms for the easement's termination, any compensation offered in exchange for creating and maintaining it, or even fees to be paid if the easement is violated.

All but ten states have policies regarding solar access rights at the state level; Alabama, Arkansas, Connecticut, Michigan, Mississippi, Oklahoma, Pennsylvania, South Carolina, South Dakota, and Wyoming don't specifically address solar access rights. In addition to solar access laws and easements, many states have additional provisions to protect your solar access rights. These laws constantly change; the Database of State Incentives for Renewables and Efficiency (DSIRE) offers comprehensive information about state and local solar access rights. Let's look at examples from two of our biggest states with hot solar markets: California and New York.

California

California established the Solar Rights Act in 1978, which limits the ability of HOAs and local governments to prevent the installation of solar panel systems. In addition, all property owners in the Golden State enjoy solar easement rights, which they can carry out on a case-by-case basis with their neighbors. California also has the Solar Shade Control Act, which prohibits tree branches from shading solar panels (applicable if the tree was planted after the solar energy system was installed).

New York

Like California, New York prohibits HOAs from unreasonably restricting the installation of solar panel systems and allows property owners to negotiate solar easements. In addition, some towns and cities in New York have zoning rules that allow for solar access protection. For example, some local zoning rules limit the height of certain types of vegetation that might shade solar panels or limit the height of new buildings altogether. These zoning laws vary throughout the state.

Source: Community Associations Institute, 2019

If you cannot leverage solar access laws at the state level, don't worry, it's still possible to go solar as an HOA member! First, ensure you understand the existing solar policies at the state, local, and organizational levels. As previously mentioned, towns and cities may have their own solar policies, so it's worth looking into even if you live in a state without solar access laws. Additionally, it's important to understand the HOA bylaws related to solar panels if you intend to negotiate a solar panel installation.

If you're trying to get approval from your HOA board, reinforce the positive benefits of solar homes in the neighborhood: it helps property owners save money, can increase your property's value, and decreases the carbon footprint of your neighborhood. The solar industry also helps support your local economy!

You can also get other property owners in the neighborhood on board and show solidarity. If you're still having trouble getting approval from your HOA for solar panels, look at possible technology alternatives: some might be okay with solar shingles or other solar technologies that still help you save money.

Solar energy is a long-lasting, cost-cutting, emission-free electricity solution that continues to evolve to meet the needs of ratepayers and the natural environment. Between declining costs and increasing incentives, an investment in solar is extremely valuable. The EnergySage Marketplace provides qualified quote comparisons from local installers to help you find a solar system that fits your energy and budget needs. Sign up to receive free quotes from qualified, pre-vetted installers so you can start going solar today!

This original version of this article appeared at The HomeSource.