HOA Restrictions: Fairfax vs Herndon
How do hoa restrictions rules compare between Fairfax, VA and Herndon, VA?
Fairfax and Herndon have similar restriction levels.
Fairfax, VA
Fairfax County
Under the Virginia Solar Freedom Act (VA Code §67-701, effective July 2020), HOAs in Fairfax County may not prohibit residential solar installations unless such a prohibition is expressly recorded in the community's declaration. HOAs may adopt reasonable aesthetic restrictions regarding placement but cannot impose rules that significantly reduce system efficiency or increase cost substantially.
View full Fairfax rules →Herndon, VA
Fairfax County
Virginia Solar Freedom Act §67-701 prevents HOAs in Herndon from prohibiting solar installations. HOAs may impose reasonable aesthetic restrictions but cannot significantly increase costs or decrease system efficiency. Many Herndon subdivisions including Runnymede and Kingstream have adopted compliant solar policies.
View full Herndon rules →Key Facts Comparison
| Fact | Fairfax | Herndon |
|---|---|---|
| Fact | VA Solar Freedom Act §67-701 limits HOA solar prohibitions | VA Code §67-701 protects right to install solar |
Highlighted rows indicate differences between cities.
Fairfax FAQ
My HOA denied my solar application. What can I do?
Review whether the recorded declaration contains an express solar prohibition. If not, cite VA Code §67-701 in an appeal letter. If denied again, seek mediation, arbitration, or court action to enforce the statute.
Can my HOA require panels on the back of the house only?
Potentially, but only if this placement does not significantly reduce system output. If the front/south-facing roof produces substantially more energy, the restriction may violate the Solar Freedom Act.
Does the Solar Freedom Act apply to condos?
Yes. The Act applies to both homeowner associations under the POAA and condominium associations under the Condominium Act.
Herndon FAQ
What if my HOA only allows panels on the back of the roof?
If the back roof has equivalent solar exposure, that is a reasonable restriction. If it significantly reduces production (e.g., north-facing), the restriction may be unenforceable.
Who enforces the Solar Freedom Act?
Primarily through civil action. The Virginia Common Interest Community Board mediates disputes and can issue guidance but does not directly enforce.
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