When purchasing a home in a Homeowners Association (HOA), you may wonder what you can and cannot do to your property. HOAs aim to maintain the aesthetic of a neighborhood, and with that comes rules and guidelines for smaller items – such as paint color and porch décor – to even larger alterations, such as solar panels. So, what restrictions can an HOA enact on homeowners for solar panels, and what rights do homeowners have with generating solar power?
The Growing Appeal of Solar Energy
Solar panels have become increasingly popular in recent years, not only among homeowners outside of associations but also within HOAs. Homeowners are drawn to the economic and environmental advantages of solar energy, including reduced energy bills and attractive tax incentives and rebates offered by solar companies.
Can My HOA Restrict Solar Panels?
While some HOAs have rules restricting members from installing solar panels, many states have enacted laws to protect homeowners’ rights to generate solar power. These laws typically fall into two categories:
- Solar Access Laws: These laws prohibit HOAs from banning solar panel installations outright but allow them to impose reasonable restrictions on the design or aesthetics of the solar systems.
- Solar Easements: A solar easement is an agreement between property owners, their neighbors, and the HOA. It ensures solar panels can operate efficiently and may include stipulations like requiring neighbors to trim trees or prohibiting them from constructing structures blocking sunlight.
Review your Association and State Regulations
As new legislation emerges to safeguard homeowners’ rights to solar energy, the presence of solar panels in HOAs is likely to increase. Homeowners interested in solar installations should first examine their HOA’s governing documents and state laws. Although HOAs may have outdated restrictions on solar panels, state legislation can sometimes override these rules.
For example, the state of Texas enacted HB-362 in 2011, which restricts HOAs from completely banning solar devices, if homeowners follow the required procedures for property improvements. However, refusal of solar installations are allowed for improper panel placement or installations made without prior approval.
Arizona Revised Statute 33-186 is similar, forming guidelines around solar panel installation are allowed, if they do not prevent installation or limit the panel’s effectiveness.
While HOA regulations can initially appear overwhelming, these rules are meant to safeguard the community’s aesthetic and preserve property values. Homeowners considering significant modifications, such as solar panel installations, should take the time to fully understand their rights, follow the proper installation procedures, and work with the HOA for the most beneficial outcome.
For help managing your HOA community, contact SpectrumAM today for a free quote and see why our customers love working with us.
