Honolulu County defers to HRS Sec. 196-7, which preempts HOA bans on solar devices for single-family dwellings and townhouses across Oahu, voiding contrary lease or association provisions.
No Honolulu county ordinance specifically addresses HOA solar restrictions; state preemption governs. HRS Sec. 196-7 prohibits community associations and planned communities from preventing the installation of solar energy devices on single-family dwellings or townhouses owned by homeowners. Any contrary lease, instrument, or contract provision is void. HOAs may not charge fees for solar device placement and may not impose restrictions that reduce device efficiency by more than 25 percent or increase costs by more than 15 percent. The rule applies uniformly across Oahu HOAs from Mililani to Hawaii Kai.
HOAs that enforce prohibited restrictions expose themselves to civil claims by homeowners; contrary provisions are void and unenforceable by statute.
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