A Virginia law allows homeowners to install solar panels. Does this law allow my HOA rules to further restrict use or even prohibit solar panels?
Virginia has a law allowing the owner of residential units to install solar panels on the roof. But then it has a paragraph E that qualifies the scope of the law. I am guessing that the wording for E is intended to be code for lawyers rather than laypeople. I can’t tell if part E allows our HOA rules to further restrict what is allowed by the law. OTOH, if the law can’t supersede other agreements, then I don’t know why you need a law saying what you can do.
(A similar issue came up a few years ago regarding satellite dishes, but the wording on that was much clearer and also involved an FCC regulation, IIRC.)
A. An owner of a residential dwelling unit may install a solar facility on the roof of such dwelling to serve the electricity or thermal needs of that dwelling, provided that such installation is (i) in compliance with any height and setback requirements in the zoning district where such property is located and (ii) in compliance with any provisions pertaining to any local historic, architectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where such property is located. Unless a local ordinance provides otherwise, a ground-mounted solar energy generation facility to be located on property zoned residential shall be permitted, provided that such installation is (a) in compliance with any height and setback requirements in the zoning district where such property is located and (b) in compliance with any provisions pertaining to any local historic, architectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where such property is located. Except as provided herein, any other solar facility proposed on property zoned residential, including any solar facility that is designed to serve, or serves, the electricity or thermal needs of any property other than the property where such facilities are located, shall be subject to any applicable zoning regulations of the locality.
(B, C, and D address properties with zoning other than residential.)
But then it adds:
E. Nothing in this section shall be construed to supersede or limit contracts or agreements between or among individuals or private entities related to the use of real property, including recorded declarations and covenants, the provisions of condominium instruments of a condominium created pursuant to the Condominium Act (§ 55-79.39 et seq.), the declaration of a common interest community as defined in § 55-528, the cooperative instruments of a cooperative created pursuant to the Virginia Real Estate Cooperative Act (§ 55-424 et seq.), or any declaration of a property owners’ association created pursuant to the Property Owners’ Association Act (§ 55-508 et seq.).
I’ve done no research other than reading your post and following the link but, based on the statute you found, yes, certain types of homeowners’ associations in Virginia can restrict members from putting solar panels on their rooves.
Whether your HOA is applying the “condominium instruments of a condominium created pursuant to the Virginia Condominium Virginia Condominium Act (§ 55.1-1900 et seq.), the declaration of a common interest community as defined in § 54.1-2345, the cooperative instruments of a cooperative created pursuant to the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.), or any declaration of a property owners’ association created pursuant to the Property Owners’ Association Act (§ 55.1-1800 et seq.)” is not something I can determine over the internet without a lot more information and more research than I plan to do.
My advice: Can you get a waiver from the HOA board? That is annoying but cheap. If not, and you’re still interested in pursuing this, talk to a lawyer but be prepared to be disappointed.
For amateur radio operators, there’s a similar discussion. It’s a Federal law and not state, but municipalities and other local governments can’t ban antennas and towers that are erected to code. However, HOAs can and do and it takes many by surprise. That’s probably the same as OP’s section E. People have some clever ways of hiding their gear.
Ran into that when I bought our current property. No HOA restrictions, but I had to get a conditional use permit. At the hearing some of the neighbors were concerned about possible interference. Pull out a copy of PRB-1 and got my permit.
Actually I’m on the other side of the equation. I’m the president of the board. I am trying to find out if it is legal for us to enact a rule putting any restrictions on solar panels (e.g., only if they are not visible from the street). I am very libertarian in my view of HOA rules, and I want ammunition in case other members would like to ban or restrict them.
FWIW, my HOA does restrict solar panels from being on the side of the main streets. As I recall from when I was considering solar panels, the HOA also required that none of my neighbors object, and I collect their approvals as part of the application to the HOA for approving the panels as an architectural change. Regular changes, such as our back yard landscaping upgrade, just required the application and not approval by our neighbors. I’m in Virginia.
As a side note, our rules require that you notify your adjacent neighbors of a proposed change, and get their signatures, but it is not approval, just acknowledgement they have been notified of your application. I guess if they object then they can go to the board, but neighbor objections don’t override the rules. We had a case where someone wanted to install a retractable awning on their back deck. Boy, that was a shitstorm.
Then you want to approach this from the other perspective. What powers do your HOA’s foundation documents give the board? Would any ban on solar panels be within that authority? If it were to adopt the ban, what power would it have to enforce the ban?
The board can approve changes to the architectural standards. The board has the authority to levy fines on anything that violates the standards, and state law allows that (and sets maximum fines). (We have fined one homeowner for having unfinished construction for over a year.)
My question is: Would a rule banning or limiting solar panels violate state law?
I would check with a Virginia real estate attorney if you need a real answer, but I did notice the link goes to the Virginia Code dealing with local zoning; and if you look at section B it specifically refers to ‘a property zoned agricultural’ (and other specific zonings).
So my guess is that this law is making it clear that solar panels are OK in an area zoned residential. As opposed to, say, slaughtering pigs as a business, which is probably NOT OK in a residentially zoned area. (I don’t know the history and VA zoning law enough to know how necessary this is, but evidently someone thought it was). If you own pigs, you more or less have the right to slaughter them, but you can’t do it in a residential neighborhood.
That looks like a law preempting local laws - a city can put height and setback restrictions, or limit what can be done to designated historical buildings, but can’t ban or restrict residential solar panels specifically. What it’s saying is that as a matter of state law, if you’re in a residential zoned area you can put up solar panels for personal use as long as you’re not a historic building and it fits the general zoning laws about how large the structure can be.
Xema, I don’t think it’s saying “You can install solar panels provided you comply with applicable rules,” it’s saying “the only rules that are allowed to restrict solar panels are these general rules that aren’t solar panel specific”. It’s more like saying “You are allowed to watch Netflix at any time as long as you follow any local noise ordinances” in a political environment where some municipalities were passing laws specifically say that you can’t watch Netflix at certain times.