Homeowners who wish to install solar panels in HOA neighborhoods should think twice before doing it. While Washington, DC, limits solar restrictions, thereby protecting owners’ solar rights, some restrictions are still permissible. In the same vein, association boards must double-check their authority to impose these restrictions, as they may be violating state and local laws. This could lead to penalties and even legal action.
What are Solar Panels in HOA?
Solar panels are devices that collect energy by converting sunlight into electricity. Homeowners invest in the installation of these panels to save money on energy bills.
Additionally, more and more people are shifting towards sustainability. Not only is it better for the environment, but rising gas prices are also driving owners to make the move. Still, installing HOA solar panels is not always straightforward.
Can HOA Ban Solar Panels?
State laws and the association’s governing documents generally dictate whether an HOA can prohibit solar panels, but the laws in Washington, DC, prevent outright bans.
According to DC Law 22-142, an HOA can’t completely prohibit a homeowner from installing solar panels or other solar energy devices on their property. This law legally protects the right of owners to use solar energy. That said, it does not give residents unlimited freedom to install solar equipment anywhere in the community.
The law was passed in 2018.
Who Does the Solar Panel Law Apply to in DC?
DC Law 22-142 applies to three types of residential associations: HOAs, condominiums, and housing cooperatives.
- Homeowners Associations (HOAs). These are mandatory associations formed by recording a declaration. The solar panel law in DC applies to these properties.
- Condominium Associations. These are unit owners’ associations governed by the DC Condominium Act. As with HOAs, condo associations can’t outright ban solar panels.
- Cooperative Housing Associations. These are residential properties where members purchase shares or rights to occupy a unit within the co-op. Solar panel rights also apply to these properties.
Are HOA Solar Restrictions Allowed?
While associations in Washington, DC, can’t outright ban solar panel installations, they can still enforce reasonable restrictions or guidelines. For example, an HOA may restrict where an owner can install solar panels, such as limiting installation to private property or an owner’s exclusive-use element.
That said, these rules must not significantly reduce energy output or make installation unreasonably expensive for the owner. Restrictions should aim to prevent creating a nuisance to other owners. Aesthetic guidelines are not allowed.
Many associations also require owners to go through the community’s architectural review process under their governing documents. To do this, owners must submit full project details, along with photos or samples, to the board or Architectural Review Committee.
Homeowners must also follow standard protocol under local regulations. For instance, owners may need to secure a building permit for the solar installation. In DC, the owner may also need authorization from the local electric utility provider.
Where Can Homeowners Install Solar Panels in an HOA?
An HOA, condo association, or cooperative can’t prohibit an owner from installing or using solar equipment on their private property or on a roof that covers only that person’s property. Even if the governing documents classify a roof as a common element, that person may install a solar device there if it covers only their unit or property.
For example, in a townhouse-style condominium, each unit has its own roof. The roof above Unit A covers only that unit, but the condominium’s governing documents say all roofs are common elements. In that case, the association still can’t completely prohibit the owner of Unit A from installing solar panels on that roof.
Beyond that, if a neighbor’s home addition would block an owner’s solar panels from getting sunlight, they should report it to the DC Zoning Administrator. The DC Zoning Commission rules prohibit home additions or constructions, such as pop-ups, if they interfere with an existing solar energy system.
Can Homeowners Install Solar Panels in HOA Common Areas?
In general, an association can prohibit owners from installing solar panels in HOA common areas.
Associations generally have more control over common areas and elements in the community. This is because these spaces or elements serve multiple owners. Under DC law, an association may prohibit installing solar equipment on common elements, except in the single-unit roof situation described above.
For example, an HOA can generally ban an individual owner from installing a personal solar panel on a clubhouse roof, in a community garden, or on a roof that covers multiple units or properties.
Of course, the association can choose to install solar panels in common areas, but the governing documents should authorize it. Solar panels can save the HOA a lot of money on utility bills, but it may need to follow approval processes and budget requirements.
Who Pays for HOA Solar Panel Installation?
Generally, the person who wants to install the solar panel must cover the related costs. DC law also allows an association to require personal financial responsibility for solar panel installations and maintenance.
The HOA’s solar guidelines should state that owners must maintain and repair their solar equipment. They can’t pass that responsibility to the association or other members. Moreover, if the installation or use of the solar device causes damage, owners must pay for repairs. This applies whether the damage is to their own property, their neighbor’s property, or the HOA’s property.
What This Means for HOA Boards
Solar panels are becoming more common in HOA communities. Rather than fight against this shift, association boards should welcome the commitment to more sustainable energy sources, especially since DC law protects solar rights. Board members may still enforce certain restrictions, but they can’t prevent an owner from installing solar panels, make it more expensive, or block the installation through aesthetic guidelines.
TNWLC offers HOA management, condo management, and cooperative management services to communities in Washington, DC. Call us today at (202) 483-8282 or contact us online to get started!
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