As energy costs increase, technology advances, and people become more concerned about environmental conservation, more people are considering installing solar panels. This is becoming a bigger issue within communities which are part of a condominium owners’ associations or homeowners’ associations. New legislation addressing solar panels in community associates was enacted fairly recently (September 2022).
Solar Panels in Condominium Communities
Condominium declarations may continue to completely prohibit solar panels. If a condominium declaration does not prohibit solar panels, Section 5311.192 of the Ohio Revised Code permits unit owners to install them on the roof of their units if there is not another condominium unit above or below them, and one of the following is applicable:
- The unit includes the roof and the cost of insuring, maintaining, repairing and replacing is the responsibility of the owner and is not a common expense; OR
- The condominium declaration specifically allows for and regulates the types and installation of solar energy collection devices in the common or limited common elements and determines who is responsible for the cost to insure, maintain, repair, and replace such devices.
In communities where solar panels are permitted, the board can establish reasonable restrictions concerning the size, place, and manner of placement of soler panels.
Solar Panels in HOA Communities
Similar to the law on condominiums, solar panels may be prohibited by the Declaration of Covenants, Conditions and Restrictions of a homeowners’ association. If the declaration does not prohibit solar panels, owners may install solar panels on their lots as long as they are responsible for the maintenance and repairs of the areas on which the solar panels are installed. In communities with HOAs, is likely that an owner is responsible for the roof of the structure and all parts of the lot. HOA boards also have the right to establish reasonable restrictions concerning the size, place, and manner of placement of solar energy panels.
It is important for HOA and COA boards to determine whether they would like solar panels to be permitted or not, and if they will be permitted, the restrictions that may need to be established. The association’s documents may need to be amended to establish and protect the desire of the community regarding solar panels.
Richter Law can help answer questions and address concerns you may have about solar energy collection devices in your community and assist with any document amendments.
