Fairfax County, VA Solar Energy: HOA Restrictions (2026)

The Virginia Solar Freedom Act, codified at VA Code §67-701 through §67-704 and effective July 1, 2020, substantially preempted HOA authority to restrict rooftop solar installations. Prior to the Act, HOAs in Virginia could largely prohibit solar through their covenants; now, an HOA may only prohibit solar if a specific prohibition is expressly stated in the recorded declaration. HOAs may still adopt reasonable restrictions regarding panel placement, color, and screening, but those restrictions may not: (1) significantly decrease the estimated annual solar energy production of the system, measured by standard industry practices; (2) significantly increase the cost of installation or annual operation; or (3) prevent the installation altogether when prohibition is not expressly declared. The Act applies to all homeowner associations formed under the Property Owners' Association Act (VA Code §55.1-1800 et seq.) and condominium associations under the Condominium Act. Homeowners wishing to install solar over HOA objection can cite §67-701 and, if necessary, pursue mediation, arbitration, or court action to compel approval of a reasonable installation. Practically, homeowners should still submit architectural review applications as required by their HOA, propose reasonable accommodations (e.g., panel placement on the least-visible roof plane that preserves output), and engage cooperatively. The Act does not apply to commercial covenants in the same way, and historic district designations under VA Code §15.2-2306 may add separate restrictions for homes in historic overlay districts.