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Fayetteville, NC Solar Energy: HOA Restrictions (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Governing statute
N.C.G.S. § 22B-20
General rule
Solar bans void and unenforceable
Carve-out
Street-facing, ground-visible collectors
Screening rules
Allowed if reasonable use survives
Attorneys' fees
Court may award to prevailing party

Summary

N.C.G.S. § 22B-20 voids covenants that prohibit rooftop solar collectors on residential property. Subsection (d) preserves one exception: an HOA may still bar collectors visible from the ground on the street-facing side of the structure.

This section does not prohibit a deed restriction, covenant, or similar binding agreement that runs with the land that would prohibit the location of solar collectors as described in subsection (b) of this section that are visible by a person on the ground:

Source: Fayetteville Code of Ordinances & Unified Development OrdinanceView official code

Full Breakdown

Subsection (b) makes any deed restriction or covenant that prohibits, or effectively prohibits, installing a solar collector on residential property void and unenforceable. Subsection (d) carves out three situations where a covenant may still prohibit collectors visible by a person on the ground: on the facade of a structure facing areas open to common or public access, on a roof surface sloping downward toward those same areas, and within the area between a line running across that facade to the property boundaries and the common or public areas the structure faces. Subsection (c) permits location and screening rules that stop short of preventing reasonable use. Multistory condominiums with horizontal unit boundaries fall outside the protection.

Violations & Fines

Prohibited covenants are void and unenforceable. Courts may award costs and reasonable attorneys' fees to the prevailing party in any civil action under the statute.

Frequently Asked Questions

Can my HOA stop panels on my front roof slope?
Yes, if they are visible from the ground and that roof surface slopes toward common or public access areas. Subsection (d) preserves exactly that restriction.
Can my HOA ban solar outright?
No. Subsection (b) makes any covenant prohibiting or effectively prohibiting a residential solar collector void, except within the visibility carve-out in subsection (d).
Does the protection cover condominiums?
Not all. The statute excludes condominiums created under Chapter 47A or 47C located in a multistory building with units having horizontal boundaries described in the declaration.

Sources & Official References

Other rules in Fayetteville

All Fayetteville rules

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