Homeowners in Whatcom County HOAs are protected by Washington's solar rights law. Under RCW 64.38.055, HOA governing documents may not prohibit rooftop solar panels, though the association may set reasonable placement and appearance conditions.
Where covenants apply in Whatcom County subdivisions, RCW 64.38.055 controls. An association's governing documents may not prohibit installing a solar energy panel that meets applicable health and safety standards. The HOA may require panels on a sloped roof to lie parallel to the slope with top edges parallel to the ridge, and may require frames, supports, and visible piping painted to match the roof or the panels. It may require reasonable shielding of a ground-mounted system only if that does not raise the cost significantly or cut efficiency by more than ten percent. Approval decisions must use objective criteria and be timely. Any covenant conflicting with the statute is void and unenforceable.
An HOA that bans a compliant solar installation, or imposes conditions that meaningfully raise cost or reduce output, is enforcing a void provision under RCW 64.38.055 and risks liability for the homeowner's costs.
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