HOAS And Solar Panels: What You Need To Know
You are a homeowner who lives in a Homeowners Association (HOA) community. This means that you are one of approximately 40,000,000 households in the United States. HOAs can be private entities that are created by either a realty company or a group of housing owners within a specific community. They manage the homes of members of the association to market and sell. HOAs might try to control solar panel installations. If you are interested in purchasing solar panels, it is worth learning about the restrictions that may apply to your installation. We’ll be discussing state-specific restrictions of HOAs and solar panels in this article to help homeowners stay informed.
Is It Possible For My HOA To Stop Me From Installing Solar Panels?
Solar access laws prohibit HOAs from stopping their members from installing solar panels on their properties. These laws were put in place by the government to encourage homeowners to use solar energy and to increase their purchasing power.
HOA Restriction About Solar Panels
While HOAs can’t prohibit members from installing solar panels, homeowners must adhere to certain restrictions. HOA restrictions under solar access laws vary from one state to the next. All states require that homeowners get approval from their HOA prior to installing any solar access project.
Solar Access Laws By State
Texas Solar Access Law
The Texas Senate Bill (Texas House Bill 362), allows HOAs to approve or deny the installation of solar energy devices as long as they meet Texas’s requirements, as per Texas Tax Code Section 17.1.107.
These Texas HOA rules are for solar devices that fall under the state’s solar accessibility laws.
- Before an installation can be started, the HOA must approve it.
- All system elements must be made of silver, bronze, and black tones.
- It is important to maintain an active warranty through installation methods.
- Ground-mounted systems cannot reach beyond the fence of the homeowner.
- A solar panel system can’t be higher than its roofline or equal to its slope.
- Texas Solar panels cannot be installed in a subdivision of a property that is shared.
- The panels cannot be dangerous to public health or safety, nor illegal ( Texas Tax Code Section 17.1.107).
Texas HOAs have the power to choose the location of panels that will be installed on a homeowner’s roof. If a homeowner does not agree with the proposed location, they may suggest another one. However, they must prove that the alternative placement will generate 10% greater energy than the original HOA suggestion. This can be done using modeling software from National Renewable Energy Laboratory.
Colorado Solar Access Law
Similarly, Colorado law (C.R.S. Colorado law (C.R.S. 38-30-168) prohibits HOAs from restricting solar device installation. HOAs have more control over how and when your solar panel system is approved.
Colorado’s HOA Rules Solar Devices:
- Appearance provisions that do not significantly increase or decrease the efficiency of your home.
- Safety regulations that protect both the property and those who live there
- Installation requirements: Solar panels can’t be installed on property not owned by the installer.
- A different person may own property
- Leasing property (the lessor must grant permission).
- Commercial loan collateral without the permission of a secured party
The HOA affiliated will own the common property
Each HOA is different, so each HOA will have its own rules. However, Colorado’s HOA restrictions ensure that the state does its best to make the transition from solar easy for residents. HOA control over solar installations is limited to allow homeowners to go solar faster.
Florida Solar Access Law
Florida Statute 163.04 forbids homeowners in Florida from installing solar panels on their property.
These Florida HOA restrictions are for solar devices that fall under the state’s Solar Access Laws:
- The Florida solar panels must be oriented south, or 45 degrees east or west from true south.
- As long as the HOA doesn’t impact the effectiveness of the system, they can decide the location.
- The system cannot be considered a risk to public safety or welfare.
House Bill 697 widened Florida’s solar access law. It allows condominium boards to install solar panels on their properties without approval from the unit owners. The bill allows unit owners to put solar panels on their condos without the need for approval from the board.
Go Solar With ESD Solar
ESD Solar can help you reap the benefits of installing solar panels during an exterior home remodeling. Solar energy is our specialty and we will help you choose the best option for your home.
Call us today for more information about solar panels in Pinellas and the reasons how they should be installed. We can help you determine if solar panels are right for your home and how to incorporate them into your roof design. ESD Solar Company can provide the best solar panels for your home, in Florida, Texas, and Colorado.