North Carolina has a partial Solar Access Statute at NCGS 22B-20 that VOIDS HOA covenants that 'prohibit, or have the effect of prohibiting, the installation of a solar collector' on residential property. However, the statute contains a substantial carve-out at NCGS 22B-20(d) allowing HOAs to PROHIBIT solar collectors on (1) facades facing a public or common street, (2) roof surfaces sloping toward such facades, and (3) areas within sight lines from those facades. Reasonable rules on location and screening under subsection (c) are also enforceable. Voluntary solar easements between neighbors are also recognized under NCGS 22B-20.
North Carolina's Solar Access Statute NCGS 22B-20 is partial — meaningfully weaker than Florida's Solar Rights Act (Fla. Stat. 163.04), California's (Cal. Civ. Code 714), Texas (TEX. Prop. Code 202.010), Colorado (C.R.S. 38-30-168), or Arizona (A.R.S. 33-1816). Subsection (a) declares void any deed restriction, covenant, or similar agreement that 'prohibit[s], or [has] the effect of prohibiting, the installation of a solar collector' on residential property where residential use predominates. Subsection (b) defines 'residential property' broadly. Subsection (c) permits HOAs to impose 'reasonable' rules regulating location, screening, and similar design conditions, and to require homeowners to indemnify the association for damages. Subsection (d) is the BIG carve-out: deed restrictions may prohibit solar collectors visible from ground level on (1) building facades that face a public street, common-area lawn, or common open space; (2) roof surfaces sloping downward toward those facades; and (3) the area within sight lines from such facades extending to the property line. Practically this means HOAs in Apex's many planned subdivisions can lawfully require panels to go on the rear-facing roof out of street view. Condominiums in multi-story buildings with horizontal unit boundaries are entirely excluded from NCGS 22B-20 protection. Voluntary solar easements between adjoining owners are recognized but not mandatory. North Carolina also has the Planned Community Act (NCGS Chapter 47F) for HOAs created after January 1, 1999, and the Condominium Act (NCGS Chapter 47C) for condos created after October 1, 1986 — both provide general governance frameworks but neither adds solar override beyond 22B-20. NCGS 22B-20(e) allows the prevailing party in a covenant dispute to recover reasonable attorney's fees and costs. Practical guidance for Apex homeowners: read the CC&Rs and architectural guidelines BEFORE signing a solar contract; expect a rear-roof-only mandate in most HOAs; submit the panel layout, color, and conduit routing to the Architectural Review Committee in writing; preserve all correspondence; and include an HOA-approval contingency clause in your solar contract.
An HOA that adopts or enforces a covenant that totally prohibits residential solar collectors in violation of NCGS 22B-20(a) faces a homeowner action in Wake County Superior Court, with the prevailing party entitled to recover reasonable attorney's fees and costs under NCGS 22B-20(e). Reasonable location-and-screening rules under subsection (c) and the visibility prohibition of subsection (d) are NOT unlawful and are enforceable by the HOA against the homeowner. A homeowner who installs solar in defiance of an enforceable subsection (d) prohibition (front-facing roof, common-area visibility) is subject to HOA injunction, fines, liens under NCGS Chapter 47F-3-116, and forced removal at the homeowner's expense, all enforceable in Wake County Superior Court. The Town of Apex will still issue building and electrical permits regardless of HOA dispute — the Town does not enforce private covenants — but Apex Electric or Duke Energy interconnection paperwork is independent of HOA approval.
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Apex, NC
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