When you're part of an HOA, you're probably already used to their bylaws, and how this can affect any modifications to your property. Of course, you might only become aware of the specifics of these bylaws when you actually want to make modifications, only to be informed that these changes are not permitted. While an HOA has some authority over the properties under their jurisdiction, their authority has limits. So what happens when your HOA says you can't install solar panels?

Overstepping Their Authority

Unfortunately, an HOA can sometimes overstep their authority. They might be able to prevent you from making striking changes to your property (such as dramatically altering its color or expanding its size) and are often backed up by local zoning laws. If they have attempted to prohibit you from installing solar panels on your property, it's possible that they don't have the power to do so.

Historical Context

These misunderstandings could have been greatly simplified in 2009, when the American Clean Energy and Security Act was approved by the House of Representatives. Unfortunately, the act was never brought to the Senate floor for a vote. The act had a provision that would have explicitly forbidden HOAs from blocking the installation of solar panels on private property. Just because the act wasn't voted into law, it doesn't mean that aspects of it aren't operational.

Applicable Legislation

Although some states permit HOAs to prevent the installation of solar panels, the majority of them do not. Check the applicable legislation in your particular state, but it's likely that the association has no legal basis with which to stop you. In the interest of good relations, you can politely point this out before proceeding with your plans. This can be the end of the matter, and while the association might have thought they had the ultimate say, they might have simply been mistaken about the extent of their authority in this area.

A Compromise

If you should live in a state where an HOA is empowered to block your installation, a compromise can still be possible. Discuss the matter with them through formal channels, and find out whether there's an outright ban on solar panels, or whether it's your specific plan that led to some objections. You could perhaps install discreet solar panels (which closely resemble roof tiles), or maybe you could install the panels on a specific section of your home, so they're not visible from the street.

Even though a ban on solar panels might just be your HOA exceeding their authority, in the rare circumstances where restrictions apply, a compromise is often possible. Learn more about installation options by contacting solar panel contractors.