HOA Restrictions: Apex vs Cary
How do hoa restrictions rules compare between Apex, NC and Cary, NC?
Cary has fewer restrictions than Apex.
Apex, NC
Wake County
North Carolina has a partial Solar Access Statute at NCGS 22B-20 that VOIDS HOA covenants that 'prohibit, or have the effect of prohibiting, the installation of a solar collector' on residential property. However, the statute contains a substantial carve-out at NCGS 22B-20(d) allowing HOAs to PROHIBIT solar collectors on (1) facades facing a public or common street, (2) roof surfaces sloping toward such facades, and (3) areas within sight lines from those facades. Reasonable rules on location and screening under subsection (c) are also enforceable. Voluntary solar easements between neighbors are also recognized under NCGS 22B-20.
View full Apex rules →Cary, NC
Wake County
Under NC Solar Easement Act (NCGS §22B-20), HOAs in Wake County and statewide cannot prohibit solar PV collectors on single-family detached homes. HOAs may impose reasonable location and aesthetic conditions but cannot ban outright.
View full Cary rules →Key Facts Comparison
| Fact | Apex | Cary |
|---|---|---|
| Statewide Solar Statute | NCGS 22B-20 (PARTIAL protection) | - |
| Total Bans | VOID under subsection (a) | - |
| Reasonable Location Rules | Allowed under subsection (c) | - |
| Visibility Carve-Out | Subsection (d) — front-facing roof bans OK | - |
| Condos Excluded | Multi-story with horizontal unit boundaries | - |
| HOA Statute | NCGS Chapter 47F (Planned Community Act) | - |
| Attorney Fees | Prevailing party — NCGS 22B-20(e) | - |
| Solar Easements | Voluntary under NCGS 22B-20 | - |
| Statute | - | NCGS §22B-20 |
| Covered | - | Single-family detached |
| HOA can regulate | - | Location, screening |
| HOA cannot | - | Ban outright |
| Standard | - | No 'unreasonable' burden |
Highlighted rows indicate differences between cities.
Apex FAQ
Can my Apex HOA prohibit solar panels?
Partially. NCGS 22B-20(a) voids any HOA covenant that totally prohibits residential solar collectors, BUT subsection (d) explicitly allows HOAs to prohibit collectors visible from ground level on facades facing a public or common street, on roof surfaces sloping toward those facades, and within the sight lines extending from those facades. Subsection (c) also allows reasonable rules on location and screening. Practically this means most Apex HOAs can lawfully require your panels to go on the rear-facing roof out of street view. Read the CC&Rs and architectural guidelines BEFORE signing a solar contract.
What if my Apex HOA denies my solar application?
If the denial is based on a total prohibition, it is void under NCGS 22B-20(a) and you can sue in Wake County Superior Court — the prevailing party gets attorney's fees under NCGS 22B-20(e). If the denial is based on the visibility carve-out at subsection (d) — front-facing roof, common-area sight lines — it is enforceable, and you must either move the array to the rear roof, install a ground-mount that complies, or accept the denial. The Town of Apex will still issue the building and electrical permits regardless of HOA dispute, but installing in defiance of an enforceable covenant risks HOA injunction, fines, liens, and forced removal.
Cary FAQ
Can my HOA require panels only on the back roof?
Possibly — if the location does not 'significantly decrease' system efficiency. If south is on the street side, courts have allowed front placement.
Does this apply to townhomes?
Only to single-family detached units. Attached townhomes and condos may face more HOA restrictions on shared roof systems.
What if my HOA fines me anyway?
You can bring a civil suit citing §22B-20 for injunctive relief, removal of fine, and attorney fees if CCRs include fee-shifting.
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