Idaho Code Section 55-3208 prohibits homeowners associations from adopting or enforcing covenants that limit or prohibit rooftop solar panel installation, preempting contrary CC&Rs across the state.
Idaho Code Section 55-3208 bars any homeowners association from adding, amending, or enforcing covenants, conditions, or restrictions that limit or prohibit installation of solar panels or solar collectors on the rooftop of property within the association. HOAs may still designate specific rooftop locations so long as the panels can be oriented south or within 45 degrees east or west of due south, and may adopt reasonable installation rules consistent with applicable building codes. The statute applies uniformly to all Idaho HOAs and was enacted by House Bill 158 in 2019. Conflicting covenants are unenforceable.
HOAs that enforce prohibited covenants may face civil suits by homeowners; preempted CC&Rs are void and unenforceable under Section 55-3208.
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