Installing solar panels can be a great way to lower your dependence on utility providers. In Maryland, this can help achieve sustainability in your home and open doors to state incentives. However, contributing to your state’s clean energy future is not always as simple as calling a solar provider and buying the system.
HOA rules, deed restrictions, and building standards can change the solar installation process. You may need to request approval, pass inspections, or even install the system in a different location, depending on your HOA’s specific rules. This article goes over common HOA rules and restrictions surrounding solar installations to help you avoid preventable plan revisions and potential fines.
Why Do Homes Need HOA Approval?
When you sign your HOA’s agreement, you agree to many rules and stipulations, which can include restrictions on solar panels. Many homeowners wonder if this means that their HOA can stop them from installing solar panels altogether. The short answer is “not really,” but things can be more complicated.
While an HOA cannot ban solar panels, it can restrict certain aspects of their installation. These rules can vary by organization, but homeowners need to know how they work so they can maneuver around them.
Homeowner’s Rights Under Maryland Law
The relevant law is Maryland Code, Real Property § 2-119, and it provides several important rights to Maryland homeowners that prevent HOAs from banning solar systems. For example, the law states that HOA restrictions “may not impose or act to impose unreasonable limitations on the installation of a solar collector system on the roof or exterior walls of improvements, provided that the property owner owns or has the right to exclusive use of the roof or exterior walls.”
An “unreasonable limitation” in this case includes banning the installation of solar panels on owned property. This also includes limitations that would increase the cost of the system or lower its efficiency. In other words, your HOA cannot make your solar panel system a less effective investment due to its restrictions, nor can it block you from installing it.
Solar Panel Restrictions That HOAs Can Enforce
Despite Maryland property codes siding with homeowners, HOAs can still mandate certain rules and restrictions concerning your solar installation. Their objections and requirements can include:
- System planning requests: The board may require you to submit your planned installation’s specifications and layout. They may ask for details about the contractor or the utility hookup.
- Approval requirement: While your HOA cannot ban solar installations, it may require an exterior modification application to be approved before the installation can begin.
- Aesthetic changes: The HOA cannot impose unreasonable restrictions, but it reserves the right to prevent unreasonable aesthetic decisions. For example, they could impose a rule on the color or appearance of the installation or its mounting to prevent the array from disrupting the neighborhood.
- Safety compliance: The association can ask for documents proving that the new panels will meet electrical, fire safety, structural, utility connection, and permitting requirements.
- Shared building rules: Maryland’s Real Property law provides more rights to homeowners who have sole ownership of and access to the property. When the property is shared, including a shared condo roof, HOA rules can take precedence.
How to Work With Your HOA
HOAs can differ significantly in the strictness of their rules. Especially if you have an HOA known for being particular about home upgrades, these steps can help you work with them and avoid project delays on a new installation:
1. Remember Your Rights
Keep in mind what the HOA can and cannot mandate for a new installation. For example, their objections can include the aesthetics, but they cannot prevent you from mounting the array on the front of the house if the panels would be in the shade otherwise. They also cannot mandate changes that would significantly increase installation or maintenance costs.
2. They Can Request Documents
The HOA is within its rights to request documents, including building permits, inspection results, and design documents. Assembling these ahead of time can help you prevent further delays while being upfront in your HOA communication.
3. Your Solar Installer Can Help
Local solar installers know the permitting, safety, and legal context in Maryland. They may help you speak with your HOA, maintain your rights in the discussion, and design a system that meets both their needs and yours.
Local Solar Providers Help Homeowners Reach Energy Independence
At Energy Select, our experienced team knows the ins and outs of HOA rules in Maryland. Though each HOA is different, it is possible to maintain your rights as a homeowner without compromising on Maryland safety regulations and the optimal design of a solar panel array, all without the HOA’s interference. Though some organizations will insist on changes, our team will help you decide which changes could be helpful or even necessary and which would negatively impact the value of your investment.
Get an instant estimate for a complete solar installation process, including same-day pricing information after our assessment and ongoing help with HOA rules and restrictions.