Can My HOA Ban Solar Panels?

Solar panels are one of the clearest examples of state law overriding an HOA's governing documents. Many states have passed "solar rights" or "solar access" laws that render covenants banning solar systems unenforceable. For your specific situation, a licensed attorney in your state is the right resource. This is general information about how those laws tend to work, not legal advice — and because solar protection is state-specific, the details vary considerably.

Do state solar laws stop HOAs from banning panels?

In states that have them, generally yes. California's Solar Rights Act, Civil Code §714, makes any covenant that effectively prohibits or restricts installing or using a solar energy system void and unenforceable, and Texas Property Code §202.010 takes a similar approach for solar energy devices.

California's Solar Rights Act is a leading example:

"Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property ... that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable." — §714(a), Cal. Civ. Code

Texas takes a similar approach. Under Texas Property Code §202.010(b), except as provided by subsection (d), "a property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device," and subsection (c) provides that a provision violating subsection (b) is void.

Can an HOA restrict where solar panels go?

Often yes, within limits. These laws generally void bans, not all rules. California's §714 permits "reasonable restrictions" that do not significantly increase a system's cost or significantly decrease its efficiency, and Texas §202.010 lists specific, limited grounds on which an association may still regulate placement and appearance.

California's statute defines those cost and efficiency thresholds. So an association may often have some say over how a system is installed, even when it cannot prohibit one.

The bigger picture

Whether your HOA can ban solar comes down largely to your state's solar law — and not every state has one, or protects to the same degree. Where a solar-rights statute applies, outright bans are typically void, but reasonable, narrowly drawn restrictions may survive. How a specific restriction measures up is fact-specific, and a licensed attorney in your state is the appropriate resource.

Frequently asked questions

Can my HOA flatly prohibit solar panels?

In states with solar-rights laws, usually not — statutes like California's §714 and Texas's §202.010 make covenants that prohibit or unreasonably restrict solar systems void or unenforceable. In states without such a law, the governing documents may carry more weight.

Can the HOA still have rules about my panels?

Often yes. These laws typically allow reasonable restrictions that don't significantly raise the cost or cut the efficiency of the system, and may permit limited rules on placement and appearance.

How do I know if my state protects solar?

Solar protection is state-specific. A licensed attorney in your state, or your state's statutes on solar energy systems, is the right place to confirm what applies to you.

Sources

• California Civil Code §714 — Solar Rights Act
• Texas Property Code §202.010 — Regulation of Solar Energy Devices