Under the Virginia Solar Freedom Act (VA Code §67-701, effective July 2020), HOAs in Fairfax County may not prohibit residential solar installations unless such a prohibition is expressly recorded in the community's declaration. HOAs may adopt reasonable aesthetic restrictions regarding placement but cannot impose rules that significantly reduce system efficiency or increase cost substantially.
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.
Contact your local code enforcement office for specific penalty information.
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