Rhode Island's solar easement statute RIGL §34-40.1 allows solar access rights but does not broadly preempt HOA restrictions. Unlike California or Florida, RI lacks a strong solar rights law, so HOA CC&Rs may still impose aesthetic limits.
Rhode Island's approach to HOA solar restrictions is weaker than in Sun Belt states. RIGL §34-40.1 (Solar Easements) authorizes voluntary recorded easements protecting solar access between property owners, but does not override HOA covenants or declarations. RIGL §34-36 (Condominium Act) and §34-36.1 (Rhode Island Condominium Act) govern condominium associations but do not specifically protect solar installation rights. Planned community declarations under RIGL §34-36.1-1.103 may include architectural review clauses that restrict solar. HOAs in Providence County are relatively uncommon due to the region's older triple-decker and single-family housing stock, but newer developments in North Providence, Johnston, and Smithfield may have active architectural review committees. Historic district controls under RIGL §45-24.1 are separate and enforceable regardless of HOA status. Homeowners should review CC&Rs carefully and consider negotiating architectural approval in advance. Legislative proposals to strengthen RI solar rights have been introduced periodically but not enacted as of 2026.
HOA fines for installations without architectural approval: amounts set by CC&Rs, typically $25 to $200 per violation. HOA can file liens under RIGL §34-36.1 for unpaid assessments. Disputes typically require civil action in RI Superior Court.
Providence County, RI
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