Solar Panel Dispute Laws: Your Rights and Solutions

The use of solar panels has surged across the United States as homeowners look for ways to reduce their electric bills. However, the rise of clean energy sources has also created new types of conflict between homeowners, neighbors, and homeowners’ associations (HOAs).

Solar panels can cause disputes over how they look, tree shading, and property values. In this article, we’ll explain laws on home solar panels and solutions to common disputes that arise because of them.

If you’re facing pushback from neighbors or your HOA over solar panels, a local real estate attorney can be a helpful resource. They can explain how local ordinances might apply to your unique situation and walk you through your options.

Understanding Your Solar Rights

According to the U.S. Department of Energy, most homeowners can install solar panels, even if they live in an HOA community. HOAs can only impose “reasonable restrictions” on solar panel installation. However, in most instances, you will likely need to submit a formal request before installing them.

Most solar installations require local building permits, regardless of HOA approval, which is a separate process.

Solar access laws also differ by state. So it’s important to research your local laws before moving forward with your installation.

What are “Reasonable Restrictions” for Solar Panels?

For states that allow reasonable restrictions on the installation of solar panels, this often means the restriction:

• Will not drastically reduce the efficiency or performance of the solar panel system
• Will not cause higher costs in installing, maintaining, or removing the solar panel system
• Will allow property owners to access alternative options with the same efficiency, costs, and energy savings

An HOA might reasonably require that:

• Solar panels don’t extend above the roofline (aesthetic concern)
• Panels use black frames instead of silver to blend with dark roofing (aesthetic concern)
• Installation must be done by licensed contractors (safety concern)
• Visible wiring must be concealed (aesthetic concern)

However, it would be unreasonable for an HOA to require panels to be installed only on the north-facing side of the roof (which would drastically reduce efficiency) or to mandate a specific brand that costs 40% more than comparable alternatives.

Twenty-nine states have laws that restrict what homeowners’ associations (HOAs) can do regarding solar panel installation. These laws offer different levels of protection for homeowners who want to add solar panels. Twenty-two of these states allow HOAs to set reasonable rules for installation. The other seven states allow HOAs to impose other types of restrictions. Meanwhile, 21 states do not have state laws that address this issue.

Examples of State Solar Panel Laws

State laws maintain the legal framework for solar access protection across the country. California was one of the first states to pass the Solar Rights Act in 1978. The Act aims to encourage the use of solar energy systems and help reduce California‘s reliance on nonrenewable energy sources.

There are also several states that have enacted particularly comprehensive solar protections:

Arizona

In HOA-governed communities in Arizona, homeowners face additional regulations when installing solar panels. Associations can control the neighborhood aesthetics. Still, they can only provide reasonable restrictions on the placement of residential solar energy systems.

HOAs cannot restrict the use of solar panels to the point that they:

• Stop homeowners from installing solar panels
• Impair the function of the solar electricity device
• Restrict the use of the solar electricity device
• Adversely affect the cost or efficiency of the device

Texas

The Texas Property Code provides comprehensive protection for solar energy devices. It prohibits HOAs from including or enforcing provisions that restrict solar installations. However, the statute permits HOAs to restrict certain devices.

For rooftop solar, HOAs may require:

• Panels that stay within the roofline
• Panels that match the roof slope with edges parallel to the ridge
• Frames, brackets, and visible parts use silver, bronze, or black colors

Texas law lets HOAs choose specific roof areas for solar panel installation. However, homeowners can challenge these locations if a different spot would boost energy production by more than 10%.

Associations can also ask homeowners to get approval before installing solar panels. The HOA cannot deny approval if the homeowner meets the solar energy requirements. They can only step in if installing it would cause nuisance or unreasonable discomfort to people with normal sensibilities.

Virginia

Under the Virginia Code, HOAs cannot prohibit the installation of solar power collection devices on your property. Associations can only restrict installation if their recorded declaration specifically mentions such restrictions. For instance, associations set reasonable restrictions on the size of solar panels and where and how they are installed.

Virginia law also establishes a threshold in determining reasonable restrictions. A restriction is unreasonable if it either:

• Increases installation costs by 5% or more over the initially proposed installation, or

• Reduces energy production by 10% or more below projected output

The law also states that homeowners can challenge the restrictions. They can get documentation from an independent solar design specialist certified by the North American Board of Certified Energy Practitioners and licensed in Virginia.

Washington

Washington State provides detailed protections for solar installations and allows specific aesthetic accommodations. For instance, the law mentions that governing documents of associations may:

• Prohibit panels from extending above the roofline
• Require street-facing panels to conform to roof slopes with edges parallel to the roof ridges
• Mandate that frames, brackets, and visible components be painted to match the roofing materials
• Ground-mounted systems must include shielding. Homeowners are encouraged to add shielding if it does not cost too much or if it does not reduce performance by more than 10%.

The statute also requires that protected solar panels meet comprehensive safety standards. These standards include health and safety requirements from permitting authorities.

Note that solar panels include systems for heating, cooling, water pumping, industrial processes, and electricity. However, these protections do not extend to common areas controlled by the association.

Due to these varying state laws, it is best to consult your HOA before installing solar panels in your home. You can also seek legal advice from a real estate attorney. They can help you investigate the applicable state laws and protect your homeowner’s rights.

Common HOA Solar Panel Restrictions

State protections are in place for solar installations. Still, homeowner associations have the power to set reasonable rules. Associations cannot prohibit solar panels where state law protects them. They may only regulate installation details through their covenants and bylaws.

Common allowable HOA restrictions include:

• Professional installation requirements
• Specific conditions for methods of mounting the solar panels
• Guidelines for concealing the wiring or electrical components and panels
• Requirement to install the panels to blend with the overall architecture in the neighborhood

HOAs can also typically restrict the size of the solar panel and where/how it can be installed.

Frequently Asked Questions Related to Solar Panels

Solar panel installation often raises questions about HOA regulations and property rights. The following are some of the most common concerns homeowners face when installing solar panels on their property.

Can My Neighbor Block My Solar Panels?

What happens if your neighbor plants a tree or builds a structure that blocks light from getting to your solar panel?

Shading from neighboring trees represents one of the most challenging solar access disputes. Most states have laws that provide measures to address these types of conflicts.

For instance, California‘s Solar Shade Control Act operates using the “first-come, first-served” principle. For example, let’s say your solar panels existed before your neighbor planted an oak tree that creates shade over your solar panels. The law protects your right to sunlight. Your neighbor cannot plant a tree blocking the sun after your solar panels are installed. However, there are size and shading thresholds that must be met before these protections kick in. Essentially, a tree must be big enough to actually impact the amount of sun reaching your solar panels.

However, it is important to remember that not all state laws have solar access or shading laws. Contact a real estate attorney if you encounter issues related to trees blocking your solar panels.

What Are Solar Easements?

In general, an easement creates a right of way over a piece of property for someone else’s benefit. For example, someone might get an easement that allows them to cross their neighbor’s property to access a road.

Similarly, a solar easement is a legal agreement that protects a property owner‘s access to sunlight by preventing neighbors from blocking solar panels with buildings, trees, or other structures.

For example, let’s say Sarah installs solar panels on her roof in 2020. Her neighbor, Tom, wants to build a two-story addition to his house in 2023 that would cast shadows on Sarah’s panels during peak sunlight hours.

If Sarah has a solar easement recorded with her property deed, Tom may be legally required to modify his building plans to preserve Sarah’s solar access. Or, Sarah may have legal recourse if he proceeds with construction that blocks her panels.

Keep in mind that solar easements are voluntary. The initial easement must be agreed to by both homeowners. However, once created, the easement stays with the property. So if Tom sells his house to Dave, then Dave will also need to abide by the solar easement.

What Should You Do if Your Neighbor Has Concerns About How Solar Panels Look?

If a neighbor has concerns about how your solar panels look, the best first step is to start a friendly conversation. State laws often encourage talking things out before seeking legal proceedings. Most states allow reasonable restrictions on the placement of solar panels in residential areas for aesthetic purposes.

Building-integrated photovoltaics (BIPV) technology can also help homeowners change the appearance of their panels. BIPV technology integrates solar cells directly into building materials, such as roof tiles, windows, or siding, so they serve both as building components and energy generators while maintaining a more traditional appearance.

For example, instead of installing traditional black solar panels that sit on top of his roof, Mike chooses solar roof tiles that look nearly identical to regular clay tiles. This BIPV solution addresses the HOA‘s aesthetic concerns while still providing renewable energy. From the street, his roof looks like a standard tile roof, but it’s actually producing solar power.

What Should a Solar Panel Owner Do if Someone Makes a Complaint to the HOA?

If your HOA receives a complaint about your solar panels, you can take the following steps:

• Request for a written explanation of the complaint. This will help you have a paper trail of the complaint, and ask the HOA to specifically state their concerns.

• Look up the solar access laws in your state. You can do research and familiarize yourself with the solar rights protections in your state.

• Participate in the HOA‘s internal dispute resolution process. Most state laws require parties to exhaust internal remedies first before pursuing a case in court.

• Consult a real estate attorney. If you need clarification of your rights and the actions that you should take, consult a real estate attorney.

Legal Remedies and Dispute Resolution

When informal negotiations fail, property owners have legal ways to resolve solar disputes. The approach varies depending on whether the conflict involves an HOA or neighboring property owners.

HOA Dispute Resolution Process

Many state laws require exhaustion of internal remedies before pursuing litigation.

For example, the Texas Property Code requires associations to provide homeowners with written notice of violations. The law also requires the HOA to give the property owner a chance to cure alleged violations before imposing fines.

Alternative Dispute Resolution (ADR)

Several states mandate or encourage mediation or other alternative dispute resolution (ADR) before litigation.

HOA governing documents often include dispute resolution procedures. Property owners should check these documents. They can also research their local laws to learn more about the steps for dispute resolution.

Neighbor Dispute Resolution

Many municipalities offer neighborhood mediation services. They can assist with conflicts with adjacent property owners over shading or aesthetic concerns. Cities have established solar shading dispute resolution processes.

For instance, California has multiple cities that acknowledge the right to sunlight access. These municipal codes often suggest initial reconciliation and mediation proceedings. If all else fails, the appropriate local government authority will review the case.

Consult a Real Estate Attorney

The solar market continues to evolve. Nowadays, most jurisdictions provide solutions to address neighborhood aesthetics while supporting renewable energy. For your solar project installation to be a success, it is crucial to understand your state laws.

If you encounter issues with your HOA or your neighbor, maintain clear communication. You can also consult a real estate attorney for concerns related to your solar project. An experienced real estate attorney can evaluate your specific situation under applicable laws. They can identify potential violations of your solar access rights and find a strategic solution.