Montgomery County, MD Solar Energy: HOA Restrictions (2026)

Section 2-119. (a) (3) "Solar collector system" means a solar collector or other solar energy device, the primary purpose of which is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating. (4) "Solar easement" means an interest in land that: (i) Is conveyed or assigned in perpetuity; and (ii) Limits the use of the land to preserve the receipt of sunlight across the land for the use of a property owner's solar collector system. (b) (1) A restriction on use regarding land use may not impose or act to impose unreasonable limitations on the installation of a solar collector system on the roof or exterior walls of improvements, provided that the property owner owns or has the right to exclusive use of the roof or exterior walls. (2) For purposes of paragraph (1) of this subsection, a restriction on use is unreasonable if application of the restriction on use to a particular proposal: (i) Increases the installation cost of the solar collector system by at least 5% over the projected cost of the initially proposed installation; or (ii) Reduces the energy generated by the solar collector system by at least 10% below the projected energy generation of the initially proposed installation. (4) (i) A community association may prohibit or restrict the installation of a solar collector system in the common area or common elements within the real estate development served by the association. (ii) A community association may establish reasonable restrictions as to the number, size, place, or manner of placement or installation of a solar collector system installed in the common area or common elements. (d) This section does not apply to a restriction on use on historic property that is listed in, or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historic Properties.