Virginia sets example for fair HOA solar policy
Other states can look to the commonwealth as a guide, but the law is still not flawless.
By Kelsey Misbrener | February 22, 2021
Residential solar contractors encounter plenty of speed bumps in the process from sales to installation, whether that’s tire-kickers, financing issues or logistical delays. Working with a client who lives in a homeowners association (HOA) subdivision could cost installers much more time and money. In the worst-case scenario, it can even lead to cancelled contracts.
Residential solar advocacy group Solar United Neighbors (SUN) works to solve HOA roadblocks to solar installations through grassroots organizing and policy efforts. Ben Delman, communications director for SUN, said the best way to increase solar access for HOA residents is by pushing for laws that clearly define what rights solar homeowners have.
“It’s very much a state-by-state issue,” Delman said. “Many states have laws that protect solar homeowner rights with respect to HOAs. For the ones that don’t, it can be a real barrier.”
According to the Community Associations Institute, 27 states have legislation in place that protects solar access for HOA residents. Delman said the best example of this type of law is Virginia’s HB 414/SB 504, which was signed by Gov. Ralph Northam in March 2020.
Virginia’s bill improved upon prior bills in the state addressing HOAs and solar power. Previous bills stated HOAs could not impose unreasonable restrictions upon homeowners wishing to go solar, but didn’t define what “unreasonable” meant. HB 414/SB 504 clearly defined “unreasonable” as either “increasing the cost of installation of the solar energy collection device by 5% over the projected cost of the initially proposed installation” or “reducing the energy production by the solar energy collection device by 10% below the projected energy production of the initially proposed installation.”