Massachusetts overrides some HOA and condo restrictions by statute. M.G.L. c. 184 § 23C voids deed covenants and condo-document provisions that forbid or unreasonably restrict solar energy systems. Because there is no comprehensive HOA act, most other owner protections still come from the declaration, c. 183A, and local zoning.
Massachusetts protects rooftop solar against HOA and condominium restrictions. M.G.L. c. 184 § 23C provides that "[a]ny provision in an instrument relative to the ownership or use of real property which purports to forbid or unreasonably restrict the installation or use of a solar energy system ... or the building of structures that facilitate the collection of solar energy shall be void." Solar energy system is defined by reference to the zoning act, c. 40A § 1A. The statute allows only reasonable restrictions, not outright bans. Beyond solar, Massachusetts has no broad statutory shield voiding flag, antenna, or political-sign covenants in the HOA context, so those disputes turn on the recorded declaration, the c. 183A by-laws, and municipal zoning rather than a state HOA owner-rights act.
An HOA or condo rule that forbids or unreasonably restricts a solar energy system is void under c. 184 § 23C and cannot be enforced; owners can challenge such restrictions. Reasonable, non-prohibitory conditions remain permissible. Other restriction disputes are resolved under the declaration and c. 183A.
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Brookline, MA
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