Baring Solar Energy: HOA Restrictions Rules (2026)

Washington State has strong solar access protections that limit HOA restrictions on solar energy systems in King County communities. RCW 64.38.055 applies to homeowner associations governed by the Washington Homeowners Association Act. RCW 64.90.510 applies to common interest communities under the Washington Uniform Common Interest Ownership Act (WUCIOA, post-2018). Both statutes prohibit covenants, conditions, and restrictions that effectively prohibit the installation of solar energy panels on residential property. The law defines solar energy panels to include photovoltaic (PV) panels for electricity generation and solar thermal panels for water or air heating. HOAs may not require approval processes that effectively delay or prevent installation. Associations retain some authority to adopt reasonable rules regarding placement and aesthetics — such as requiring panels on the rear or side of the roof where feasible, matching color for mounting hardware, and screening of ground-mounted systems. However, such restrictions cannot significantly increase the cost of the system or significantly decrease its efficiency (typically interpreted as more than 10 percent efficiency loss). HOAs must act in good faith under their fiduciary duties (RCW 64.90). Homeowners should provide the HOA with written notice of proposed installation, including system specifications, drawings showing placement, and evidence that chosen location is optimal for production. If the HOA imposes unreasonable restrictions or denies approval, homeowners can pursue civil action in King County Superior Court. Courts have consistently voided overly restrictive covenants. Solar rights also interact with solar easements (RCW 64.04.140) — neighbors and developers can be required not to shade protected solar installations through negotiated easements.