Imagine being so excited about installing solar panels that you jump right in, buying, scheduling installation, and watching them go up on your roof. Then, your homeowners association (HOA) knocks on your door with a notice: “Take them down.”
With nearly 30% of the U.S. population living in HOA communities, this isn’t just a what-if scenario – in fact, it has happened in real life. Some homeowners were slapped with hefty fines, while others went as far as taking the battle all the way to court…
Fortunately, HOA authority isn’t unlimited, and there are legal guardrails in place to protect your rights to install solar on your home.
In this article, we’ll guide you through how HOAs and solar panels collide, when HOAs can or cannot deny your request, and what to expect during the application process.
Can an HOA Deny Me From Installing Solar Panels?
Yes, an HOA can deny your request to install solar panels – but only under certain conditions. Their authority depends on state laws and HOA-specific bylaws.
We’ll get into those solar laws later on, but regardless, you must get approval before doing any solar installation work.
Otherwise, if you move forward without it, you could face fines, legal disputes, or even be forced to remove the panels entirely – an expensive mistake you don’t want to make.
HOAs exist to maintain community standards, which often include safety, home aesthetics, and overall property value. The last two, in particular, are why many HOAs impose guidelines that make solar installations subject to review. For example:
- Panel Placement: Many HOAs require panels to be on the backside of the roof to maintain curb appeal.
- Aesthetic Considerations: Some HOAs require solar panels to blend with the roof color or have hidden conduits to avoid visible wiring.
- Glare Reduction: HOAs may restrict panels that could reflect light onto neighboring properties.
- Installation Requirements: Some HOAs require installations to be done by specific contractors or to meet particular safety and quality standards.
Yes, it can be frustrating. It’s an extra step that takes more time, effort, and mental bandwidth before you get the green light. But considering how big of an investment solar is, skipping HOA approval just isn’t worth the risk.
Solar Access Laws and Solar Easement
What are Solar Access Laws?
Solar access laws protect homeowners from unreasonable restrictions on solar installations. They prevent HOAs from outright banning solar panels but still allow them to enforce reasonable guidelines.
However, these laws aren’t the same everywhere. In fact, some states don’t have any solar access laws at all, often leaving homeowners at the mercy of their HOA.
Below is an example of how the rules differ across states:
- Nevada, Arizona, Texas: HOAs cannot deny homeowners the right to install solar panels under any circumstances (unless public safety is at risk)
- California, Colorado, Oregon: HOAs can’t ban solar, but they can enforce reasonable restrictions, such as those related to aesthetics and placement.
- Kansas, Oklahoma, Pennsylvania: No solar access laws exist, meaning HOAs have full control over whether homeowners can install solar.
And an honorable mention: California’s solar access law, which states that if an HOA doesn’t deny an application within a specific timeframe, it’s automatically approved.
In a nutshell, if your state has solar access laws, your HOA must comply. But that doesn’t mean they can’t impose restrictions. It simply means you have more legal ground to push back against unreasonable rejections.
What are Solar Easements?
While solar access laws give homeowners a legal foundation for solar rights, they don’t guarantee that nothing will ever block your sunlight. That’s where solar easements come in.
Solar Easements are legal agreements that protect your right to unobstructed sunlight for your solar panels. They prevent future obstacles (e.g. a neighbor planting a tree or nearby construction) that could block the sunlight your system depends on.
Some states, like Kansas, Kentucky and Georgia, don’t have state-level solar access laws, but they do have statewide solar easement laws in place.
In other states, like Oklahoma and Pennsylvania, solar easements aren’t automatic. However, homeowners have the right to negotiate and establish them, whether through agreements with neighbors or HOA negotiations.
Solar Access Rights Per State
If you’re wondering whether your state protects you from an HOA blocking or restricting your solar panel installation, use the table below as a quick guide.
States With Solar Access Laws
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States With Solar Easement (Without Solar Access Laws)
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States Without Both Solar Access Laws and Solar Easement
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What to Expect During the HOA Solar Application
Solar Application Process
Before doing anything, check your state (or local) laws to see how much authority your HOA has over solar installations. Some HOAs may not even be aware of existing solar access laws, so it’s important to be one step ahead and have the facts on hand.
Once you have that information, approach your HOA and submit your request. They’ll likely have you review the HOA bylaws for specific solar installation guidelines and fill out a form with the necessary documentation to submit, such as:
- Panel specifications
- Installation and placement details
- Installer credentials
- Project timeline
You may also need to pay an administrative fee for processing.
The response time varies – you may find it stated in the bylaws or application form, but it’s best to ask your HOA directly. Just remember that, as we discussed earlier, some state solar access laws set default deadlines (e.g. set number of days) to prevent unnecessary delays.
Finally, as you wait for approval, you can expect possible requests for modifications to your proposal.
What to Do If Your HOA Denies You From Installing Solar
If your HOA denies your application, the first step is to review their reasons for rejection. There are two ways this can go, and the next steps you take will depend on which circumstance applies.
Your HOA Is Imposing Unreasonable Restrictions
If your HOA’s decision violates state or local solar access laws, you have the right to appeal. You can discuss this issue with them again, providing the legal references if necessary. If they refuse to comply and the situation escalates, you may need to seek legal assistance.
Your Application Was Incomplete or Non-Compliant
If the denial was due to missing documentation or because parts of your solar system didn’t align with HOA bylaws (e.g., aesthetic restrictions), this is an issue on your end. In this case:
- Revisit your HOA’s feedback and identify what needs to be adjusted.
- Gather documentation and modify your proposal.
- Resubmit your application.
What If My State Doesn’t Have Solar Access Laws?
If your state doesn’t have solar access laws and your HOA isn’t exactly a fan of solar, turning things around a full 180 won’t be that easy. Even so, there are still a few ways you can push for solar without hitting a dead end:
Negotiate With Your HOA
The truth is, it often comes down to education. A well-researched proposal that addresses your HOA’s concerns while highlighting the benefits of solar could help sway their decision. Focus on the facts, for example, how solar panels increase property value and make homes sell faster.
Get Your Neighbors on Board
If negotiation doesn’t work, rally your neighbors – because, like it or not, HOA decisions are political.
If you’re the only one pushing for solar, your HOA might not take your request seriously. But if multiple homeowners express interest, the HOA may have no choice but to reconsider their stance and revise outdated policies.
Work With a Local Solar Installer
A local solar installer might have already worked with your HOA before, meaning they know how to handle the process the right way. Plus, experienced solar installers can often think outside the box to meet HOA guidelines without sacrificing your solar goals.
Find a Local Solar Installer for Your HOA Solar Application
Quote for Solar helps you find top-rated, certified solar installers who will handle your solar needs from start to finish – and that includes navigating through existing HOA policies and taking care of any paperwork and documentation required.
Request a quote today and we’ll get back to you shortly with three competitive solar estimates to choose from – all from installers we’ve personally screened for quality and customer service.
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