How to Handle HOA Restrictions When Installing Solar Panels:
Decoding HOA Covenants and Restrictions
HOA agreements often contain sections that specifically address alterations to property exteriors, including solar panels. These covenants can range from outright bans to specific requirements regarding the size, placement, or style of solar installations to ensure aesthetic consistency within the community.
To navigate these restrictions, start by obtaining a copy of your HOA’s governing documents—typically the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). Review these documents carefully, looking for any clauses that pertain to solar installations. If the language is too technical or confusing, it might be worthwhile to consult with a legal expert who specializes in property and renewable energy law. This step will help clarify any ambiguities and outline a clear path to compliance.
Know your rights, per Davis Stirling, you will need the folloing:
Site survey; The association may require a site survey to show where the panels will be placed and how usable space will be shared if the panels are on a roof, garage, or carport that multiple owners share
Notification; Applicants must notify all owners of units in the building where the installation will take place
Signatures; The association may ask for signatures from the notified owners or certified mail receipts to show that the owners were notified
Insurance; The owner and each subsequent owner must maintain homeowner liability insurance and provide the association with a certificate of insurance within 14 days of approval and annually after that.