Can My Virginia HOA Prohibit Me From Installing Solar Panels?

If you live in a community governed by a homeowners’ association (HOA) or condo association in Virginia and you’re considering installing solar panels, you may be wondering: Can my HOA stop me?

The short answer: Sometimes, under very strict conditions. Virginia law generally protects homeowners' rights to go solar. Under Virginia Code § 55.1-1820.1 (HOAs) and § 55.1-1951.1 (condominiums), an HOA cannot prohibit solar panel installations outright unless a recorded declaration includes an express prohibition.

Assuming the Declaration does not allow the HOA to prohibit solar panels, an HOA can impose restrictions on them. These restrictions must be "reasonable."

What Are the 10% and 5% Rules?

Virginia law permits HOAs to place reasonable restrictions on solar installations, such as requirements about where on the roof panels can be placed or how conduit should be routed - but only if those restrictions do not:

• Reduce the system’s expected energy output by more than 10%, or

• Increase the system’s installation cost by more than 5%,as compared to the system originally proposed by the homeowner.

If either threshold is exceeded, the restriction is presumed to be unreasonable and unenforceable under Virginia law.

How Does This Apply in Practice?

Let’s say a homeowner’s solar contractor designs a system that would generate 10,000 kWh per year at a cost of $25,000, with panels on both the front and back of the roof.

If the HOA requires that the panels be placed only on the rear-facing roof and:

• The redesign drops annual production to 8,800 kWh—a 12% reduction in output; or

• The change will require a more complex layout that raises the cost to $26,500—a 6% increase.

In either case, the HOA’s restriction violates Virginia’s solar protections and is likely unenforceable.

Can HOAs Still Set Guidelines?

Yes—but they must be carefully crafted. For example, HOAs can:

• Require homeowners to submit architectural applications for approval;

• Set standards for visibility, color, conduit concealment, or orientation;

• Limit installations to roof surfaces (versus ground-mounted arrays).

Virginia law strikes a balance between preserving community aesthetics and allowing homeowners to adopt clean energy. Associations can regulate solar installations—but only within strict limits.