Kirkland, WA Solar Energy: HOA Restrictions (2026)
Key Facts
- Key Law
- RCW 64.38.055
- Condo Law
- RCW 64.90
- Allowed
- Reasonable design rules
- Prohibited
- Effective bans
- City Permit
- Still required
Summary
Washington's RCW 64.38.055 and RCW 64.90 limit how Kirkland homeowners associations can restrict rooftop solar, protecting reasonable installations from outright bans while allowing design guidelines.
RCW 64.38.055 Governing documents — Solar panels. (1) The governing documents may not prohibit the installation of a solar energy panel by an owner or resident on the owner's or resident's property as long as the solar energy panel: (a) Meets applicable health and safety standards and requirements imposed by state and local permitting authorities; (b) If used to heat water, is certified by the solar rating certification corporation or another nationally recognized certification agency. Certification must be for the solar energy panel and for installation; and (c) If used to produce electricity, meets all applicable safety and performance standards established by the national electric code, the institute of electrical and electronics engineers, accredited testing laboratories, such as underwriters laboratories, and, where applicable, rules of the utilities and transportation commission regarding safety and reliability. (2) The governing documents may: (a) Prohibit the visibility of any part of a roof-mounted solar energy panel above the roofline; (b) Permit the attachment of a solar energy panel to the slope of a roof facing a street only if: (i) The solar energy panel conforms to the slope of the roof; and (ii) The top edge of the solar energy panel is parallel to the roof ridge [...] (6) This section applies retroactively to a governing document in effect on July 26, 2009. A provision in a governing document in effect on July 26, 2009, that is inconsistent with this section is void and unenforceable.
Full Breakdown
Homeowners associations in Kirkland cannot categorically prohibit rooftop solar panels. 90 (the Washington Uniform Common Interest Ownership Act) restricts HOA, condo, and common interest community rules that prohibit or effectively prohibit the installation of solar panels on a homeowner's roof. Associations may adopt reasonable rules related to placement, color coordination of hardware, preference for roof slopes not facing the street, and safety review, but those rules cannot significantly increase cost or decrease energy production. Written architectural review guidelines are common and generally enforceable as long as they allow a working system.
If a Kirkland HOA denies a solar application, the homeowner should request the denial in writing with references to specific CC&R provisions and then consider mediation or a civil action. Homeowners must still secure all city and state building and electrical permits; HOA approval does not replace government permits. Condo owners of top-floor units with exclusive roof use may have broader rights than limited common element roofs. Legal advice is recommended for contested cases. The Washington State Attorney General provides consumer guidance; reviews by HOA counsel are typical before adopting solar design rules.
Frequently Asked Questions
Can my Kirkland HOA block my solar panels?
What if my HOA denies my solar application?
Sources & Official References
Other rules in Kirkland
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HOA Restrictions in Nearby Cities
How other cities in King County handle hoa restrictions.