Solar arrays have long gone past the stage of being a fad. In most areas of North America, solar power is an economically viable source of energy that can be utilized around the year.
The number of homeowners who would like to install a solar array on their property has increased exponentially, though the US is nowhere close to reaching the levels of use in countries like Germany…where it is estimated that more than 90% of the households rely on some type of solar for their energy needs.
One concern that is sometimes voiced by homeowners wishing to install solar generators on their property is the potentially adverse reaction from their Homeowners Association. HOAs are independent bodies that have broad powers to enforce laws aimed at preserving the aesthetics of their neighborhood, some of them may try to enforce bans or restrictions on solar use.
Where do the boundaries between a homeowner and their HOA lie in terms of installing a solar generator?
Why Install Solar Power At Your Home
Studies have shown that solar energy has proved to be the least expensive among all the various options on earth – including both fossil fuels and renewables. There are a number of reasons behind this:
- Solar Is Abundant and Literally Free – per the US DOE, the sunlight falling on the earth as a whole every minute is considered sufficient to meet the energy demands of the whole world for a year. This is, of course, an overstatement of sorts, since only a fraction of the solar energy is actually captured. Plus, the average solar generator has an efficiency between 20-23%.
- An Investment in Solar Provides Great Returns – Between a Federal Tax Credit (26%) juicing Year 1 returns, Renewable Energy Credits, and state incentives, plus the monthly “dividends” gained through reverse metering as excess energy is supplied back to the grid, solar pays for itself and provides a robust return. Additionally, the value of homes historically increases with solar installation.
- Solar Energy Can Also Be Used for Multiple Purposes – Besides electric power, solar is also a powerful source for winter heating.
- Solar Can Be Used Year-Round – Solar power generation is not dependent on temperature but hours of sunlight. Peak solar hours may shrink during the winter months, but enough clear days exist to make it viable even in the cold of the Midwest or New England. Studies have shown how abundant sunshine is in states like Maine and New Hampshire, sometimes as much or even more than the South.
- Reduce the Carbon Footprint of The Neighborhood – While homeowners gain the various advantages outlined above, it is important to most devotees of solar power that they are massively helping the environment by switching to renewable energy such as solar, wind, geothermal, etc. for their house needs. Solar use reduces the carbon footprint of a neighborhood, something that every responsible person should be aware of.
For the reasons above, and more, the use of solar power has become popular not only for off-grid use but as an important accessory to homeowners who are connected to the utility grid in urban and semi-urban areas. Battery stacks can store power for backup and the excess is supplied back into the grid, a win-win all around.
While solar energy itself is free, there is no doubt that the equipment and installation come with a high cost. However, the cost to install solar is trending down. I go into details over here in this article: Will Solar Panels Get Cheaper? Prices Are Trending Down
If you can handle the upfront cost of solar then I have great news for you…Over a period of time, not only will solar pay for itself, but it can actually start making you money. More information over here: Making Money With Solar Power: Here Are 7 Ways
The next step is to get HOA approval for a solar array.
Why Do You Need HOA Permission To Install A Solar Array
Photons from the sun’s rays are the source of the energy being generated through a solar array – which can be either rooftop or ground mounted somewhere on your property.
A Typical Solar Generator Arrangement
Roof-mounted arrays are made of solar panels, each with many modules made up of solar cell clusters. The commonest type of solar panels is made out of photovoltaic (PV) cells, made from thin, charged strips of crystalline silicon (c-Si) wafers.
Other types of solar cells are available – for example, ultra-thin cells made from amorphous silicon (a-Si) Copper Indium Gallium Diselenide (CIGS), or Cadmium Telluride (CdTe).
All types of solar cells work on similar principles.
How Electricity is Generated From Solar Panels
The strips within a solar cell chemically react to the energy delivered by photons and produce ions, which are carried by wiring to different points in the system. The low voltage current produced is DC, the wiring conveys it to an inverter unit which transforms it into 120 V AC which is then supplied to power household fixtures or appliances.
There is an array of other instruments…such as a Breaker Box, Battery Stack, Converter, and Smart Meter – that form components of the generator and supply system.
Is There Any Harm to Humans in the Area
While the Solar Array does produce both an electric field (generated by the low voltage within the solar cells) and a magnetic field (due to the movement of electrons along with the wiring) they are not considered to be harmful.
The electric field fades quickly as you move away from the array and is easily shielded by plastic, metal, earth, and similar buttresses. While magnetic fields cannot be shielded as easily, they are low level not deemed harmful either.
Overall, there can be no scientific reason advanced for a 5 KW solar generator system to “endanger” the neighborhood, provided you follow some basic safety protocols as outlined in the next sub-section.
A Few Pitfalls do Exist, but …
There are some potential dangers to using Solar Generators. For example, there can be Radio Frequency (RF) Radiation being emanated from Smart Meters and/or dirty electricity build-up in the wiring and switchboard circuits inside the home. To counter such possibilities, tracking devices like EMF Meters can be employed. If the problem persists, cloaking devices such as Smart Meter Shields of EMF Blocking Frame Liners could be necessary.
The important fact, however, is that the dangers above come from exposure to radiation inside the home, they do not extend to the neighbors or the area around the house. As such, they should not be the concern of the HOA.
A homeowner with a solar array can create a problem with back feeding if they plug a standalone generator directly into a wall outlet if the power is cut off. This would supply power back into the utility grid and endanger anyone that comes in contact with power lines. While it would be most dangerous for repairmen, others can be exposed as well.
backfeeding occurs due to an aligned but completely separate problem. Also, the danger can be averted with a few simple do’s and don’ts, so it is unlikely to be a cause of concern for HOAs in terms of deciding whether to allow solar arrays in their neighborhoods.
Where is the Problem, Then
The problem squarely boils down to aesthetics, in most cases. Solar arrays are distinctive and could be shiny if made of bright, reflective material.
This may clash with the look and feel of the houses in the neighborhood if deemed to be so by the HOA. Ground-mounted arrays can look unnatural depending on how visible they are from the outside.
In other words, the rights of the homeowner to install a solar array on their property are often balanced against the HOAs mandated objective to protect the aesthetic of the neighborhood.
There are ways to hide solar panels, which you can read about over here: How To Hide Solar Panels On Your Roof
This pertains to solar panels that are visible since the other parts of the system…such as inverters, boxes, smart meters, battery stacks, etc….are usually out of sight or otherwise unobtrusive to outsiders.
Despite such concerns, there have been a series of legislations, aimed at the Federal level but actually enacted at various state levels, aiming to protect individual homeowners’ rights to install solar panels.
So how exactly do HOA regulations affect such rights?
HOA Rights To Restrict Solar Installations Vary State By State
Homeowners living under HOA governance must pay attention to certain concerns and issues arising from the installation of solar panels. It may be a bit of a bureaucratic process, but most HOAs will likely be reasonable as long as the homeowner is respectful towards certain guidelines – especially if there are clearly defined ordinances at the state and city level.
Depending on where you live, the first step may be to find out your State’s regulations guiding the installation of solar systems. Residential condominiums, cooperatives, and HOAs (collectively, we continue to address them as “HOAs”) function within the boundaries of statutes authorizing HOAs, as enacted by state legislatures. In general, the state’s laws and regulations govern how each of these HOAs operates.
In general, states can be divided into three categories with regard to allowing solar installations by homeowners:
- States with Clear Solar Access Rights – These states offer homeowners the ability to prohibit covenants (that is, restrictions) placed with a view to prevent or impair the installation of solar-powered panels and associated devices.
- States that Have Not Established Solar Access Rights but Offer Certain Guidance – These states do not express clearly defined Solar Access Rights but protect easements and their establishment on a legal contractual basis.
- States that Do Not Offer Unambiguous Guidance – These are states that currently do not place any boundaries on the ability of HOAs to restrict the installation of solar systems on individual homes.
Categorizations Of States
The breakdown of US states is as follows, though these listings are constantly subject to change based on legislation that keeps being proposed, voted on, and often enacted. As you can see, more than 25 states have Solar Access Laws on the books.
States with Established Solar Access Rights
| Arizona | Indiana | North Carolina |
| California | Iowa | Oregon |
| Colorado | Louisiana | Texas |
| Delaware | Maine | Utah |
| District of Columbia | Maryland | Vermont |
| Florida | Massachusetts | Virginia |
| Hawaii | Nevada | Washington |
| Idaho | New Jersey | West Virginia |
| Illinois | New Mexico | Wisconsin |
States without Solar Access Rights but Guidance on Solar System Installations
| Alaska | Nebraska |
| Georgia | New Hampshire |
| Kansas | New York |
| Kentucky | North Dakota |
| Minnesota | Ohio |
| Missouri | Rhode Island |
| Montana | Tennessee |
States that Do Not Offer Unambiguous Guidance on Solar Installations
| Alabama | Oklahoma |
| Arkansas | Pennsylvania |
| Connecticut | South Carolina |
| Michigan | South Dakota |
| Mississippi | Wyoming |
There are a number of states that fall under the third bucket that have interesting interpretations of applicable statutes based on cases that arise from time to time.
In the next sections, we describe how to tackle HOA restrictions with examples of how individual states have tried to balance homeowners’ rights to solar access while allowing HOAs to impose some reasonable guidance on how to go about the same.
Let’s Understand The General Parameters
If you live in a state with established Solar Rights’ Access Laws, and in many states that at least offer guidance in this matter, there are a clear set of guidelines. However, not every HOA may be fully aware of them (though one should hope so) or they may not hand down rulings in contradiction to the limitations on their powers. It is up to the individual homeowner to become aware.
First, the purpose of Solar Access Rights Laws is usually pretty clear…they are meant to prevent HOAs from placing a ban on solar panels. Often, these laws will prevent HOAs from having contractual obligations that restrict the installation of panels on homes. The specific language of the law may vary on a state-by-state basis – check with yours before proceeding.
There is, however, an additional step that is pretty important in addition to whether or not you as a homeowner can challenge any decision by your HOA in this regard.
Pay Heed to Your HOA Guidelines
HOAs are not like local governments. HOA members are not appointed via a generally held election and are not responsible to the broader public. They cater to the desires of the other residents in the community.
It’s entirely possible that your HOA is already positively inclined towards solar installations and has clear guidelines about the process for granting approval. If not, it’s also entirely possible that you may be able to change their decision-making process if you are aware of the state and local laws and ordinances. The trick is to go about the process systematically.
Presumably, you want to coexist within the community with as little friction as possible. For this purpose, find out what the applicable community rules are…such guidelines often specify if there is an established approval process for installing solar panels and/or if there are rules governing where and how solar panels can be installed.
HOAs…especially the ones that are experienced in the matter…usually have an established process for the approval of design, installations and/or placements of solar arrays. This may entail presenting detailed plans, sometimes with pictures, of the installation to gain approval.
It may be in your best interest to comply with such requirements as opposed to fighting off challenges post-installation. Solar arrays and systems are intricate devices that should not be disturbed once put up…so comply with the guidance available from your HOA unless they are suggesting something in contravention of what the state laws are.
An Example of an Architectural Approval Process Specified by an HOA
The most common control that is wielded by an HOA is aesthetic, which means that they can designate, within reason, measures that individual homeowners must adhere to in terms of how external designs, architectures, coloration, fixtures, and property conditions must look like.
In the context of installing a solar array, consider the following example of a set of HOA guidelines:
While every specific detail is not outlined in the above example, the Architectural Application and Approval Process and the Homeowners’ Due Process Rights are clearly specified.
Homeowners installing solar systems should understand these types of rules since in many cases, the guidelines can be followed while achieving their objectives. On the contrary, ignoring the guidelines may create an unwelcome situation if someone complains or matters come to the notice of the HOA. The remedy after the fact can become much more convoluted.
Are There Federal Guidelines About Home Solar Installations
As of this time, there are no US-wide Federal guidelines protecting homeowners’ rights for installing and using solar energy. The American Clean Energy and Security Act (HR 2454) was proposed under the Obama administration in 2009, but it failed to gain passage.
If HR 2454 had passed, HOAs would have been prohibited from restricting the installation of solar systems, subject to a few exceptions.
Will similar legislation be enacted in the future? The answer is unclear, since regulating the behavior of HOAs seems to be more of a state and local issue in the US – unlike some broad mandates that are often centrally enacted in certain countries like many European nations, China and India.
However, even though a Federally mandated prohibition doesn’t exist, many states (such as the ones outlined above) have individually adopted guidelines that mirror the provisions that had been proposed under HR 2454.
State Guidelines About Home Solar Installations
Multiple dozens of states have enacted Solar Access Rights for their citizens and residents. Many more have guidelines that are aimed toward protecting the rights of homeowners to install solar systems while being a bit more sensitive (read: not necessarily rejecting out of the gate) towards the HOA rights.
How Solar Access Rights Laws Typically Work
As an example of how Solar Access Rights may work, let’s examine the case of California – a state that passed the Solar Rights Act way back in 1978.
California Civil Code § 714 and 714.1 was a relatively simple set of laws that have had far-reaching consequences, in that they provided a blueprint that has been followed by many of the states that followed suit with Solar Access Rights legislation.
To summarize the contents of the statutes, it declares that except for some reasonable exceptions, HOAs cannot restrict a homeowner’s access to sunlight or the right to gain the benefits of solar power by installing panels and that any laws to the contrary, if enacted by HOAs or local governments, would be deemed void and unenforceable.
The reasonable exceptions cited would apply to the preservation of neighborhood aesthetics but could not force any action whereby the homeowner would be forced to choose a system that was costlier or had lower efficiency or performance.
The Quest for a Reasonable Compromise
When you dive deeper into the laws enacted at the state and local level, there are multiple examples of how rights to solar access get balanced with some reasonable guidelines that the average HOA may impose.
Right of Easement for Homeowner
Quite a few states provide the right for homeowners to negotiate with their neighbors and otherwise protect their access to unobstructed sunlight. This could take the form of eliminating trees, buildings, and other structures that place their solar arrays in shade during the day.
Restrictions and/or Guidelines for Installations in Specific Circumstances
On the other side of the coin, there are situations where HOAs or neighborhood committees may restrict or limit how solar installations are allowed. For example:
- Some historic districts may ban solar installations altogether on the grounds of preserving the architectural integrity, or decree that rooftop solar panels must be the exact same color as the roof.
- Many neighborhoods may dictate dark colors such as black, grey, or brown for rooftop solar panels, as opposed to clear reflective or white glass and/or frames.
- Ground installations of solar panels will often be required to be installed in a way that the top of the panels do not stick up above the level of any fencing that is placed around the yard where the panels are installed.
Every situation is slightly different and contacting your HOA and working with them to get a positive result is the best option in most cases.
However, if you live in a case where there are clearly defined Solar Access Rights, and you face unreasonable resistance from your HOA, you would have a number of remedies…legal and otherwise…available to you.
Final Thoughts
As we discussed throughout this document, most states in the US actively encourage the installation and use of solar energy. There have been legislations at the Federal and State levels that have been enacted for over 40 years that should give individual homeowners the ammunition they need to proceed with their plans to install solar arrays on their property.
Having said that, it does not make sense to deliberately thumb your nose at your neighbors. HOAs are usually dedicated to keeping property values high and will tend to take measures that are in keeping with the viewpoint of the majority of people living in the community.
Find out what they can and cannot force you to do, adhere to processes for gaining approval as necessary and try to comply, within reason. Ultimately, the solar energy wave is big enough to aid you in getting your way, provided you are reasonable in how you go about it. There are specific bodies – starting from your local utilities to various NGOs – that can help as well.
I have a whole list of articles you might want to check out to learn more about installing solar in your home:
