Solar panels and homeowner’s associations (HOAs) have always had a bit of a rocky relationship. Ever since solar power adoption made its way into the mainstream, HOAs have attempted to ban or impose restrictions on installations in their neighborhoods, often citing aesthetics in their bylaws banning solar panels.
Any rule breaks for homeowners living in such neighborhoods are often met with hefty fines or letters asking them to move or remove their solar systems entirely. For solar contractors operating in HOA-filled areas of the United States, these rules often result in a smaller pool of interested buyers, conflicts with entire neighborhoods, and lost sales for solar installers.
Here’s everything solar professionals need to know about HOA solar laws and how to get that coveted HOA approval for solar panels to unlock all of that potential revenue in your state.
There are three separate categories of states with varying levels of solar access laws or rules in place to help combat HOA solar panel restrictions:
It’s important to be aware of which category your state falls into so that you can better plan your pitch when faced with a homeowner’s association that is trying to block or manage your client’s solar installation.
For example, states with clear solar access laws include Arizona, Indiana, California, Washington, New Jersey, Florida, and Colorado. States that offer guidance on solar access include Kansas, New York, North Dakota, and Rhode Island, while places including Arkansas, Pennsylvania, Connecticut, and South Carolina have no policy in place whatsoever.
Even if you operate in a state with clear solar access laws in place, make sure to stay on top of the specific rules that apply to your area. For example, many states will force HOA communities to allow solar installations but still give them the power to decide whether any panels can be installed on the front of the home to maintain the neighborhood’s aesthetics within their HOA bylaws. Historic districts might also have restrictions on solar that will likely always be in place to protect older, important buildings. The Database of State Incentives for Renewables and Efficiency (DSIRE) is a great resource for solar installers looking to stay up to date on local laws and incentives regarding solar installation in their area.
At this time, there are no federal solar access laws in place in the United States. Under the Obama Administration, HR 2454 – The American Clean Energy and Security Act was a proposed federal law that would have prevented HOAs from blocking solar installs in their neighborhoods. Unfortunately, this bill failed to pass and nothing further has been drafted since.
This doesn’t mean that federal solar access laws are off the table for the U.S. There are about 40 million households currently being managed by homeowner’s associations in the country today, which means that there are likely many homeowners who currently want solar panels but think that they aren’t able to get them right now.
This number means that there is actually a lot of leverage for both homeowners and solar installers alike to lobby federal and state governments to draft legislation prohibiting HOAs to limit solar panel installations country-wide. In a time where renewable energy is on everyone’s mind, it needs to be clear to the government that if they would like to hit their lofty clean energy goals, they need to unlock every possible angle to get there – and that includes HOA neighborhoods.
Solar easements are another bargaining tool when it comes to installing solar panels in a tricky neighborhood. Solar easements give homeowners the legal right to protect their access to sunlight when it comes to their solar systems.
States with solar easements include Arkansas, California, Colorado, Florida, Georgia, and Idaho. While these can be a helpful tool to help when trying to get a solar system installed, they are also, unfortunately, voluntary in the sense that the neighbors involved need to agree to the easement for it to apply. Deals like this, however, can always be sweetened by negotiating some sort of monetary compensation in return for the neighbor’s cooperation.
For a solar easement to be legally binding, it must include detailed information regarding the area where the easement applies with specific information about the horizontal and vertical angles that must have access to sunlight, as well as specifics about any trees or shrubbery that might affect the sun exposure to the area in question.
When it comes to getting HOA approval to install solar, especially in areas with no clear solar access laws, there are a few tools solar contractors can keep in their back pocket to ensure that their clients can get the solar systems they want.
Make sure you stay up-to-date on whether your state has solar access laws in place so that you can protect your potential client from being illegally misled by their homeowner’s association. Remember, HOAs, much like landlords, can often try to get away with bending the rules in the hopes that the people they are meant to serve are ignorant of what they are or aren’t allowed to do with their property. It’s up to you to help educate your clients on their rights and responsibilities when it comes to going solar if you want to close the deal in a tricky area.
If your solar company operates in an area with many HOA-managed neighborhoods, keeping a record of each one’s rules regarding solar installs is a great way to stay one step ahead when you receive a request for a quote from someone living in one of these areas.
If they allow solar under certain conditions, make sure that you’re aware of them so that you can build a proposal based on the rules to eliminate the need for any HOA-related revisions later on down the line.
If you know for a fact that a homeowner’s association is breaking the law when they deny a solar installation, it’s a good idea to have official documents and links on hand to rebuke their denial and continue with your work rather than having to pause to gather all the proof and provide it to them while also giving the client more time to second-guess their decision to look into solar in the first place.
Keep in mind that many homeowners may have just moved into the neighborhood or state and might not know about their rights. These people could easily be taken advantage of by an HOA, especially if this is their first time dealing with one or they aren’t familiar with laws regarding solar panels to begin with. Make sure that you also make your client aware of solar easements if they are available in your state as well, since that could be yet another way to try to get your job done for the homeowner.
Some HOAs may be okay with solar panels as long as they are well-hidden and maintain the overall look of the neighborhood, while others might not even realize that that is a possibility. If an HOA outright bans solar panels, it may be worth letting them know that all homes with south-facing backs can maintain curb appeal since the panels will only be visible from the back of the home, and they should allow installs on homes where this is applicable.
Many companies manufacture panels in shades other than your typical blue, green, or black module. Nowadays, it’s possible to find solar modules in brown, patterned, or metallic shades, as well as companies that manufacture special coverings for panels that can be printed to match the client’s roof to disguise them from the street.
When dealing with HOAs, it’s also worth educating them on the benefits solar panels can bring to the neighborhood, such as increasing the value of the homes and making the neighborhood a more attractive place to live for the growing number of people and families who are concerned with the environment, grid failures, and new renewable energy technologies.
At the heart of a homeowner’s association is a group of people who all want the best for their neighborhood. That said, many HOAs might not realize that the interests and needs of their neighbors shift and change over time. What may have been considered as an eyesore twenty years ago might now be a symbol of a fresh, progressive community that people would want to live in.
As a solar contractor, you can help change these opinions and thus change solar rules in these areas. Take a drive through these neighborhoods, leave some pamphlets in mailboxes and chat with the residents about how great their roofs are for solar. Tell them you could offer up a group discount if enough homeowners decide to look into solar for their homes, and give them any information they might need to help convince their HOA to allow the change.
Residents can also put the heat on their association to allow solar installs in areas with solar access laws and make them aware that they now know that their bylaws are illegal and unenforceable, opening up a new client base that any solar company would love to have access to.
