Annapolis, MD Solar Energy: HOA Restrictions (2026)

§2–119. (a) (1) In this section the following words have the meanings indicated. (2) "Restriction on use" includes any covenant, restriction, or condition contained in: (i) A deed; (ii) A declaration; (iii) A contract; (iv) The bylaws or rules of a condominium or homeowners association; (v) A security instrument; or (vi) Any other instrument affecting: 1. The transfer or sale of real property; or 2. Any other interest in real property. (3) "Solar collector system" means a solar collector or other solar energy device, the primary purpose of which is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating. (b) (1) A restriction on use regarding land use may not impose or act to impose unreasonable limitations on the installation of a solar collector system on the roof or exterior walls of improvements, provided that the property owner owns or has the right to exclusive use of the roof or exterior walls. (2) For purposes of paragraph (1) of this subsection, a restriction on use is unreasonable if application of the restriction on use to a particular proposal: (i) Increases the installation cost of the solar collector system by at least 5% over the projected cost of the initially proposed installation; or (ii) Reduces the energy generated by the solar collector system by at least 10% below the projected energy generation of the initially proposed installation. (4) (i) A community association may prohibit or restrict the installation of a solar collector system in the common area or common elements within the real estate development served by the association. (ii) A community association may establish reasonable restrictions as to the number, size, place, or manner of placement or installation of a solar collector system installed in the common area or common elements.