West Virginia protects solar access: under W. Va. Code § 36-4-19, housing-association covenants that prohibit or restrict installing a solar energy system are void and unenforceable, subject to limited exceptions. American-flag display is protected only by the federal Freedom to Display the American Flag Act of 2005 (4 U.S.C. § 5), not a West Virginia statute.
W. Va. Code § 36-4-19 provides that any covenant in a housing association's governing document executed or recorded after the section's effective date "that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable." It carves out "restrictions for historical preservation, architectural significance, religious or cultural importance," allows health and safety standards, and lets a housing association by member vote establish or remove a solar restriction. For flags, there is no West Virginia statute; the controlling law is federal — the Freedom to Display the American Flag Act of 2005, 4 U.S.C. § 5, which bars a residential association from preventing display of the U.S. flag, subject to reasonable time, place, and manner rules.
No penalty on the homeowner. On solar, a post-enactment HOA covenant that prohibits or restricts a solar energy system is void and unenforceable under § 36-4-19, subject to its exceptions. On flags, an HOA policy banning U.S. flag display is unenforceable under federal law (4 U.S.C. § 5).
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Charleston, WV
West Virginia Senate Bill 167, enacted in 2017, prohibits sanctuary policies. Charleston cannot adopt rules barring police cooperation with federal immigrati...
Charleston, WV
Charleston cannot set its own minimum wage above the West Virginia rate of 8.75 dollars per hour set by W. Va. Code Section 21-5C-2. State law preempts local...
Charleston, WV
Charleston levies a business and occupation gross receipts tax under Chapter 10 of the City Code, with rates that vary by business classification such as ret...
Charleston, WV
Charleston has not adopted a hotel worker retention ordinance like those in some larger cities. Hotel sales or change-of-control transactions in Charleston f...
Charleston, WV
Charleston hotel guests pay a 6 percent city hotel occupancy tax under W. Va. Code Chapter 7 plus a 6 percent state consumer sales tax, totaling roughly 12 p...
Charleston, WV
Charleston enforces loud party rules through the city noise ordinance and disorderly conduct provisions in Chapter 24, with stronger response near East End r...
See how Charleston's hoa vs. city rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.