Solar panels are one of the most contentious HOA issues of the 2020s. Boards try to restrict them for aesthetic reasons. Homeowners install them for energy savings and sustainability. In most US states, the law has sided with homeowners — HOAs are prohibited from banning solar outright, though they may regulate placement and visibility. Here's the state-by-state breakdown.
States That Prohibit HOA Solar Bans
As of 2026, approximately 28 states have enacted solar access laws that void HOA restrictions that prohibit or unreasonably restrict solar installations. The strongest protections are in California (Civ. Code § 714), Florida (Fla. Stat. § 163.04), Texas (Prop. Code § 202.010), Arizona (A.R.S. § 33-1816), and Nevada (NRS 111.239). These states allow HOAs to regulate aesthetics and placement — but not to prohibit solar outright.
| State | HOA Solar Ban? | HOA Can Regulate? | Statute |
|---|---|---|---|
| California | Prohibited | Placement only; cannot increase cost by >$2,000 | Civ. Code § 714 |
| Florida | Prohibited | Cannot prohibit; limited aesthetics regulation | Fla. Stat. § 163.04 |
| Texas | Prohibited | Reasonable restrictions on specific location | Prop. Code § 202.010 |
| Arizona | Prohibited | Cannot impose unreasonable restrictions | A.R.S. § 33-1816 |
| Nevada | Prohibited | Cannot prohibit; reasonable placement restrictions OK | NRS 111.239 |
| Colorado | Prohibited | Reasonable restrictions OK | CRS § 38-30-168 |
| Oregon | Prohibited | Cannot prohibit | ORS 105.880 |
| North Carolina | Prohibited | Cannot prohibit; some regulation OK | NCGS § 22B-20 |
| Alabama | Allowed | Full HOA authority | No solar access law |
| Idaho | Allowed | Full HOA authority | No solar access law |
| Mississippi | Allowed | Full HOA authority | No solar access law |
What HOAs Can Still Regulate
Even in solar access states, HOAs retain some authority. They typically can: (1) require panels to be on the rear-facing roof slope; (2) set minimum aesthetics standards (flush-mounted panels, no visible wiring); (3) require advance approval through the ARC process; and (4) prohibit ground-mounted panels in front yards. What they cannot do: require panels to be invisible, mandate specific brands, or impose conditions that increase installation cost by more than the statutory threshold.
Practical Guidance for HOA Boards
- Review your state's solar access law before drafting any solar restrictions
- Adopt a written solar panel policy that complies with your state's requirements
- Focus restrictions on placement and aesthetics — not prohibition
- Process solar installation requests through your ARC with a defined timeline (30 days max)
- Do not automatically deny solar applications — document specific objections based on allowed regulation
- Consult an attorney before rejecting a solar installation request
Disclaimer: Solar access laws change frequently. This guide reflects 2026 law. Consult a licensed attorney in your state before adopting solar panel restrictions or denying a homeowner's solar installation request.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →