Solar Energy · Virginia
Va. Code 55.1-1820.1
Installation of solar energy collection devices
At a glance
- Can the HOA ban it?
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Only if the recorded declaration prohibits it
“No association shall prohibit an owner from installing a solar energy collection device on that owner's property unless the recorded declaration for the association establishes such a prohibition.”
- Restrictions the HOA may set
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Reasonable limits on size, place, and manner of placement
“However, an association may establish reasonable restrictions concerning the size, place, and manner of placement of such solar energy collection devices on property designated and intended for individual ownership and use.”
- When a restriction is unreasonable
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Cost up 5 percent over projected cost
“increases the cost of installation of the solar energy collection device by five percent over the projected cost”
- Approval process
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Owner provides documentation from a certified Virginia solar specialist
“The owner shall provide documentation prepared by an independent solar panel design specialist, who is certified by the North American Board of Certified Energy Practitioners and is licensed in Virginia, that is satisfactory to the association”
- Can the HOA ban it on common areas?
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Yes, on common elements or common areas
“The association may prohibit or restrict the installation of solar energy collection devices on the common elements or common area within the real estate development served by the association.”
- Resale certificate disclosure
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Resale certificate must state any restrictions or bans
“shall contain a statement setting forth any restriction, limitation, or prohibition on the right of an owner to install or use solar energy collection devices”
Each fact is shown with the exact words of the statute it comes from. Your association's governing documents may also apply.
Official text
Copy retrieved from law.lis.virginia.gov. Always rely on the official source for the current version.
Show the full text of Va. Code 55.1-1820.1
The same topic in other jurisdictions
Arizona · A.R.S. 33-1816 Florida · Fla. Stat. 163.04 Illinois · 765 Ill. Comp. Stat. 165/15 Illinois · 765 Ill. Comp. Stat. 165/30 Oregon · Or. Rev. Stat. 94.778 Texas · Tex. Prop. Code 202.010 Washington · Wash. Rev. Code 64.38.055 Compare solar energy laws side by side →This page is general legal information, not legal advice, and Harrington Community is not a law firm. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.