Massachusetts MGL ch. 184 §23C limits private restrictions on solar energy systems. HOAs and condo associations may impose reasonable aesthetic conditions but cannot effectively prohibit rooftop solar. Bristol County HOAs are uncommon outside newer subdivisions.
Under MGL ch. 184 §23C, any covenant or restriction that effectively prohibits a solar energy system is void as against public policy. HOAs and condominium associations in Bristol County — found mostly in newer subdivisions in Dartmouth, Westport, Mansfield, and Attleboro — may adopt reasonable aesthetic rules (screened mounting hardware, color-matched rails, preferred roof slopes not visible from street) but cannot effectively ban solar. Approval processes should move within a reasonable timeframe, generally 30 to 60 days. Ground-mounted arrays face more latitude for HOA restriction than rooftop panels. Historic districts retain independent authority under MGL ch. 40C, which is separate from private restrictions. Battery storage (Powerwall, etc.) may be regulated separately.
HOA fines for genuine aesthetic violations: enforceable per CC&Rs. HOA attempting outright solar ban: void under MGL ch. 184 §23C, homeowner may seek declaratory judgment and recover costs.
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See how Bristol County's hoa restrictions rules stack up against other locations.
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