Gaithersburg, MD Solar Energy: HOA Restrictions (2026)

Maryland Public Utilities Article 7-603 (MD PUA 7-603) provides strong protections for homeowners seeking to install solar energy systems in communities governed by homeowners associations. The law applies to all HOA-governed properties in Gaithersburg, which includes numerous planned communities and townhouse developments. Under this statute, no HOA or community association may adopt or enforce any covenant, restriction, or condition that prohibits the installation of a solar energy collection device. Additionally, no restriction may increase the cost of the system by more than $1,000 or significantly decrease its efficiency. HOAs may adopt reasonable aesthetic guidelines regarding placement that do not meet these cost or efficiency thresholds. Any deed restriction, covenant, or architectural guideline that effectively bans solar panels is void under state law. Homeowners should still submit architectural review applications when required by their HOA to create a record of compliance. If an HOA denies a solar application in violation of PUA 7-603, the homeowner may file a complaint with the Maryland Office of the Attorney General Consumer Protection Division. Courts may declare the restriction void and award damages. The Maryland Solar Easement Act also protects access to sunlight for existing solar installations. Contact the Maryland Office of the Attorney General at (410) 528-8662 for complaints about HOA solar restrictions.