State legislatures enact statutes authorizing hoa s within a state and for the most part state laws and regulations govern how they operate.
Federal law solar panels hoa.
Hr 2454 the american clean energy and security act was a proposed federal law that made it illegal for a homeowners association to restrict the installation of solar panels.
In fact quite a few federal laws directly affect hoa functions regulating what an association can and cannot do and providing protections to both homeowners and the general public.
Solar panel access laws for hoas.
Any requirement s that solar panels be screened from view by trees or fences will generally violate the statute for two reasons.
38 30 168 addresses the authority of hoas to regulate the installation and use of solar energy devices which are defined as.
2454 would make it illegal to restrict the installation of solar panels hoa rules included.
Shading of the solar panels and the added cost of the visual barrier.
The federal residential solar energy credit is a tax credit that can be claimed on federal income taxes for a percentage of the cost of a solar photovoltaic pv system 2 other types of renewable energy are also eligible for similar credits but are beyond the scope of this guidance.
This proposed law included provisions prohibiting homeowner s associations from enacting rules limiting solar panel installation with a few exceptions.
But that doesn t mean federal statutes don t have an impact.
California established the solar rights act in 1978 which limits the ability of hoas and local governments to prevent the installation of solar panel systems.
By 2021 this should top out at 12.
Homeowners associations are generally creatures of state law.
Solar access laws and solar easements.
Federal laws to know for hoas.
There are two types of solar access rights that protect a homeowner s right to install solar.
A solar collector or other device or a structural design feature of a structure which provides for the collection of sunlight and which comprises part of a system for the conversion of the sun s radiant energy into thermal chemical mechanical or electrical energy.
This federal law would basically override any hoa rules and private contracts that prohibit solar panels with exceptions.
And ground racks for solar panels cannot be required in lieu of rooftop installation.
Restrictions on installation or use of solar energy devices invalid.
The american clean energy and security act h r.
These laws override the hoa contract that restricts you from going solar.
They both protect your right to harness energy from the sun but address different concerns.
Any hoa rule that hampers the efficiency of your solar energy system is unreasonable.
