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☀️ Solar Energy/HOA Restrictions

HOA Restrictions: Gaithersburg vs Takoma Park

How do hoa restrictions rules compare between Gaithersburg, MD and Takoma Park, MD?

Gaithersburg and Takoma Park have similar restriction levels.

Gaithersburg, MD

Montgomery County

Few Restrictions

Maryland Public Utilities Article 7-603 protects Gaithersburg homeowners from unreasonable HOA restrictions on solar energy installations. HOAs cannot prohibit solar panels or impose conditions that increase installation cost by more than $1,000 or significantly reduce system efficiency. This state law overrides conflicting deed restrictions and HOA architectural guidelines.

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Takoma Park, MD

Montgomery County

Few Restrictions

Maryland Public Utilities Article 7-603 strongly protects Takoma Park homeowners' right to install solar energy devices. HOAs, condominium associations, and deed covenants may not prohibit or unreasonably restrict solar installations. Any restriction that significantly increases installation cost or decreases system efficiency is void and unenforceable. Takoma Park has few HOA-governed communities, and the city actively supports residential solar adoption.

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Key Facts Comparison

FactGaithersburgTakoma Park
HOA Solar BanProhibited under MD lawProhibited under MD law
Cost ThresholdCannot add more than $1,000-
Efficiency ProtectionCannot significantly reduce output-
Void RestrictionsBan provisions unenforceableRules increasing cost/reducing efficiency
Governing LawMD PUA 7-603MD PUA 7-603
Remedies-Court relief + attorney fees
City Position-Strongly pro-solar

Highlighted rows indicate differences between cities.

Gaithersburg FAQ

Can my Gaithersburg HOA ban solar panels?

No. Maryland PUA 7-603 prohibits HOAs from banning solar energy devices. Any covenant or restriction that prohibits installation is void under state law.

Can my HOA impose any rules about solar panels?

Only reasonable aesthetic guidelines that do not increase cost by more than $1,000 or significantly reduce system efficiency. Rules that effectively prevent installation are void.

What if my HOA denies my solar application?

File a complaint with the Maryland Office of the Attorney General Consumer Protection Division at (410) 528-8662. You may also seek a court declaration that the restriction is void under PUA 7-603.

Takoma Park FAQ

Can my HOA in Takoma Park ban solar panels?

No. Maryland PUA 7-603 prohibits HOAs from banning or unreasonably restricting solar energy devices. Any restriction that significantly increases cost or decreases efficiency is void.

Can my HOA require panels on a specific roof plane?

Only if the required placement does not significantly increase installation cost or decrease system efficiency. Purely aesthetic requirements are allowed if they meet this test.

What can I do if my HOA blocks my solar installation?

Provide written notice citing Maryland PUA 7-603. If the HOA persists, you may seek judicial relief. Courts may award damages and attorney fees to homeowners whose rights are violated.

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