Bellingham, WA Solar Energy: HOA Restrictions (2026)

RCW 64.38.055 (codifying solar protection for HOAs governed by Chapter 64.38 RCW — homeowners' associations formed before July 1, 2018) provides: governing documents may not prohibit the installation of a solar energy panel by an owner or resident on the owner's or resident's property, as long as the panel meets applicable health and safety standards and the permitting authority's requirements. If the panel is used to heat water it must be certified by the Solar Rating Certification Corporation or another nationally recognized certification agency; if used to produce electricity it must meet the National Electrical Code (NEC), IEEE standards, and the standards of accredited testing laboratories. The HOA 'may include other reasonable rules regarding the placement and manner of a solar energy panel' but may NOT require shielding of a ground-mounted panel if shielding would prohibit economic installation or degrade operational performance by more than 10%. RCW 64.34.395 gives condominium owners parallel solar rights and adds EV-charging-station rights (the right to install a Level 1 or Level 2 charging station for personal use in the owner's deeded or assigned parking space). RCW 64.90.510, part of the Washington Uniform Common Interest Ownership Act (WUCIOA) governing newer associations (formed on or after July 1, 2018), reaffirms the same solar protection for those communities. The City of Bellingham does not enforce HOA covenants — those are private agreements — but the city's solar building permit (or PV-exemption authorization) issues independently of HOA review under BMC Title 17. Homeowners with disputes typically pursue them in Whatcom County Superior Court for declaratory and injunctive relief.