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Solar Panels Allowed Despite Express or ACC Covenants

Under House Bill 2008-1270, HOAs that are subject to CCIOA cannot preclude the use of solar panels.  HOAs can utilize reasonable architectural controls for the installation of solar panels.Solar Panel House1

Reasonable limitations of HOAs or ACCs 

  • Factors that can be considered and used by an HOA or Architectural Control Committee as a part of reasonable architectural controls are:
  • The Documents/Aesthetic Provisions.  An HOA’s or ACC’s documents may impose reasonable architectural controls on: 
    • Dimensions
    • Placement
    • External appearance
  • Reasonable Cost.  The cost to the owners (of compliance with the reasonable architectural controls) cannot be significantly increased
  • Efficiency.  No unreasonable decrease in performance or efficiency is allowed
  • Safety.  Bona fide safety requirements are allowed

Recommended Actions for HOAs that Have Architectural Covenants

HOAs with architectural covenants should consider reviewing and revising their guidelines and/or their covenants to be consistent with this statute.

For assistance with a review or revision contact any one of the attorneys at our office.

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