Can I install home solar panels with an HOA?

Most states have solar access laws that protect your right to go solar.

Edited by: Rick Collins
Updated Nov 14, 2024
7 min read
Can I install solar panels in an HOA

Belonging to a homeowners association (HOA) comes with various pros and cons. When it comes to a solar installation, it's possible that your HOA could stand between you and your solar project coming to fruition.  

If you’re in this situation, you’re not alone. Homeowners across the country often have to navigate the politics of belonging to an HOA and figure out how to work with their association to receive approval for a solar project. One of the most common concerns an HOA will cite when pushing back on a solar installation is the aesthetics of how your roof or property will look with solar panels installed.  

We’ll walk you through how you can work with your HOA to get approval for solar panels, and explain what you need to know about what they can and can’t prevent you from doing. With a little bit of effort, research, and patience, it’s likely you’ll be able to convince your HOA to change its mind if it's not at first onboard with your project.

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Key takeaways

  • Solar panel installations often require HOA approval.

  • Solar access laws are state-level laws that prohibit or limit restrictions on solar installations. They vary by state and aren't uniform nationwide.

  • Solar easements are voluntary agreements that protect your right to sunlight and prevent obstructions, such as trees or structures on a neighbor's lawn, that cast shade on your solar panels.

The short answer is: It depends on where you live. If you live in a state without solar access laws, an HOA can prevent you from installing solar panels by rejecting your proposal. Often, this is for aesthetic reasons. It makes sense that some HOAs might put up some resistance to changes like solar panels to the exterior of your home: Part of their responsibility in upholding the property values of your neighborhood is to maintain uniformity, and a solar array can sometimes disrupt that.

However, concerns about property values are usually unfounded. Homes with solar panels actually sell for an average of 4% more than homes without solar power, according to Zillow. If your HOA is pushing back on your solar installation, it’s worth highlighting this fact to the decision makers.

Even if your HOA doesn't prohibit solar panels, they may still make the permitting process challenging, said Ryan Wallace, owner of Texas Solar Professional, an installer based in Dallas. 

“Now pretty much every HOA here will do it, but they just make it difficult,” he said.

Wallace said his company encounters issues such as having to wait 30 days for an HOA to review an application. This can push back the timeline for an installation by at least a month, dragging out the process for the homeowner.

“We could have a turnaround time of two or three weeks on a lot of these projects, but they're delayed by the HOA, because approval can take 30 or even 60 days,” Wallace explained.

So if you live in a state where it’s typical for HOAs to push back, be prepared to manage your expectations for how long it may take to complete the project.

As more states realize the benefits of clean energy and solar continues to grow, solar access rights are becoming more common. Right now, about 30 states and Washington, D.C. have various types of solar access laws in place to protect your right to go solar. The good news is that you can expect to see more states adopting these laws as time goes on. For example, Michigan recently passed a law requiring HOAs to allow solar panels that goes into effect next year.

Your right to go solar is typically protected by two major pieces of public policy: 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 can't legally prohibit you from installing solar on your property. However, most of these laws still allow local permitting authorities, including HOAs, to adopt some restrictions; this is where you may butt heads with your association. 

Common restrictions that HOAs put on solar installations include mandating 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. So although your state may grant you the right to install solar panels on your property, you still may have some local red-tape to work through.

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, home additions, 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. Depending on what state you live in, the easement must be recorded in your county's registry of deeds.

Solar easements require a detailed description of the dimensions 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 the easement, or even fees to be paid if the easement is violated.

Most states have policies regarding solar access rights, but a handful still don't: Alabama, Arkansas, Connecticut, 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 right to install solar. These laws constantly change; the Database of State Incentives for Renewables and Efficiency (DSIRE) is one resource that offers comprehensive information about state and local solar access rights.

Let's look at examples of solar access provisions 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.

U.S. map showing which states have solar access laws and solar easements

Blue: Prohibits or offers the ability to prohibit HOAs from placing covenants or restrictions upon homeowners that would prevent the installation of solar-powered panels and associated devices.

Green: Has laws that protect easements and their establishment on a legal contractual basis without having an express solar rights law.

Source: Community Associations Institute, 2024.

Depending on the state where you live, there are also specific regulations that can overrule an HOA’s decision if it tries to deny your solar installation or significantly change the design of your solar project.

In Texas, for example, an HOA is prohibited from requiring you to change the side of the house the panels will be mounted on if the change will reduce your energy production by 10% or more. To prove this, you’ll have to get a letter from your installer to present to your HOA that shows how much energy production you would lose. A good place to start for an estimate of your proposed solar installation’s production is the PVWatts calculator.  

Sometimes, HOAs will have aesthetic requirements you must comply with, but they won’t drastically impact your design or solar production. Many HOAs will require that you paint the external conduits the same color as the house, Wallace said, but that’s a relatively minimal request that you can adhere to without spending significantly more time or money on your solar project. 

Other HOA requests, such as putting your solar conduits inside your attic and not your home’s exterior, will definitely increase the price of your solar panel installation. So even if your HOA allows you to go solar, make sure you share all of your design plans with your association up front so you’re not caught off guard by unexpected expenses later on in the project. 

If you can't 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 on their electric bills, will increase your property value, and decreases the carbon footprint of your neighborhood.

You can also get other property owners in the neighborhood on board and show solidarity: Some installers tell EnergySage they’ve even seen entire neighborhoods governed by an HOA go solar after seeing one neighbor install solar panels. 

If you're still having trouble getting approval from your HOA for solar panels, it’s worth looking at potential alternatives: Some might be okay with solar shingles or other solar technologies that will still reduce or eliminate your electric bill and help you save money.

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