Delaware law overrides certain HOA restrictions. A separate statute voids covenants that prohibit or unreasonably restrict solar systems, while DUCIOA § 81-320 bars rules banning the U.S. flag (up to 3x5 ft), the state flag, and political/ballot-question signs. Reasonable time-place-manner limits remain allowed.
Solar is protected outside DUCIOA: 25 Del. C. § 318 declares that any covenant that "effectively prohibits or unreasonably restricts" installing or using a roof-mounted solar energy system is "void and unenforceable," subject only to reasonable restrictions that do not significantly raise cost or cut efficiency. Within DUCIOA, § 81-320 provides that "no rule may prohibit the right of a unit owner to display the flag of the United States, measuring up to 3 feet by 5 feet," nor prohibit display "of a flag of this State, or signs regarding candidates for public office or ballot questions." A flag rule "must be consistent with federal law." Associations may still impose reasonable limits on number, size, placement, and duration.
These provisions protect owners rather than penalize them; an HOA that enforces a covenant voided by § 318 or a flag/sign ban barred by § 81-320 risks having the rule held unenforceable in court.
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