Wisconsin Statute 236.292 and 66.0401 restrict HOAs and municipalities from prohibiting solar installations. Deed restrictions banning solar are void. HOAs can only impose reasonable aesthetic conditions that do not significantly increase cost.
Wisconsin Statute 236.292 (Restrictions in deed or plat restrictions) provides that any restriction in a recorded plat, declaration, or deed that prohibits or has the effect of prohibiting a solar energy system is void and unenforceable, unless it serves to preserve or protect public health or safety. WI Stat 66.0401 extends this to municipal ordinances and effectively to HOA restrictions that mirror regulatory effect. HOAs may impose reasonable aesthetic conditions (panel color matching roof where technically feasible, screening equipment, routing of conduit) provided they do not significantly increase the cost of installation or decrease performance by more than 10%. Outright bans, blanket prohibitions on front-facing panels, and requirements for roof replacement before installation have been held unenforceable. Disputes between owners and HOAs are resolved in Wisconsin circuit court; prevailing owners may recover attorney fees under WI Stat 236.292(3). The Public Service Commission and Focus on Energy provide guidance.
HOA enforcement of void restriction: civil suit by owner, possible attorney fees. Municipal enforcement: preempted, state law prevails.
Madison, WI
Madison has no city ordinance restricting lawn ornaments on residential property. MGO Chapter 27 (Property Maintenance) requires general yard upkeep but does...
Madison, WI
Madison has no city ordinance regulating residential inflatable holiday displays. MGO Chapter 24 (Noise) sets residential noise standards that could theoreti...
Madison, WI
Madison has no municipal ordinance regulating residential holiday lights. Timing, brightness, and animation are governed by HOA and condo covenants under Wis...
Madison, WI
Madison requires building permits for outdoor kitchens with gas lines, electrical wiring, plumbing, or structural roofs. Permits route through Madison Buildi...
Madison, WI
Madison has no specific smoker ordinance. MGO Chapter 24 (Noise) and Chapter 7 (Public Health) provide nuisance authority for excessive smoke. Wisconsin DNR ...
Madison, WI
Madison Fire Code under MGO Chapter 34 adopts the Wisconsin Commercial Building Code (SPS 361-366) and Wisconsin Administrative Code SPS 314 (Fire Prevention...
See how Madison's hoa restrictions rules stack up against other locations.
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