Oregon ORS 94.762 prohibits HOAs from banning or unreasonably restricting solar panel installations. HOAs may impose reasonable aesthetic guidelines but cannot effectively prevent solar. Washington County CDC 427 protects solar access for lots.
Oregon's solar rights statute (ORS 94.762) prohibits homeowners associations from enforcing any CC&R provision that prohibits or has the effect of prohibiting the installation of a solar energy system. HOAs may adopt reasonable restrictions on placement, color, and type that do not significantly increase the cost or significantly decrease the efficiency of a solar system. Architectural review approvals must follow the HOA's governing documents and cannot be used to effectively ban rooftop solar. Ground-mounted systems may face greater scrutiny. CDC 427 (Solar Access Standards) further protects solar access at the subdivision level by requiring lot orientation and tree-spacing measures so that a reasonable solar collector can operate on each lot. Oregon is one of the leading solar access states and homeowners can challenge obstructive CC&R enforcement in court.
HOA fines for unapproved placement: typically $25 to $200 under CC&Rs, potentially unenforceable. HOA refusing to approve solar: homeowner may sue for declaratory relief and recover attorney fees under ORS 94.762.
Washington County, OR
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Washington County, OR
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See how Washington County's hoa restrictions rules stack up against other locations.
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