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When faced with a request by a homeowner or condominium owner to install solar panels at your association, your Board needs to determine a number of things:
Whether there are restrictive covenants or rules that prevent the installation;
What “solar access rights” if any exist under their state’s laws;
What if any restrictions the Association wants and can place on the installation, maintenance, repair, replacement and removal of the solar panels;
Who is paying for any of the maintenance, repairs or removal of the solar panels.
Federal Law. In 2018, HR 2454 – The American Clean Energy and Security Act was proposed which would have made it illegal for homeowner associations to restrict the installation of solar panels. Although there were a few exceptions, in general the law would have overridden most restrictions on the installation of solar panels. That bill did not become law, however, with the new administra