Delaware's Solar Rights Act (25 Del. C. §318) limits HOA restrictions on solar panels. HOAs may impose reasonable aesthetic rules but cannot effectively prohibit installation or impose conditions that raise cost over 5% or reduce output over 10%.
Delaware enacted the Solar Rights Act at 25 Del. C. §318, which prohibits HOAs, condominium associations, and cooperative associations from banning or unreasonably restricting rooftop solar installations. Any restriction that raises installation cost by more than 5% or reduces system output by more than 10% is deemed unreasonable. HOAs may require reasonable aesthetic conditions including preferred placement (roof plane not facing the street where feasible), color-matched racking, and conduit concealment. Architectural review committees must issue decisions within 60 days or approval is automatic. Ground-mounted systems may face stricter HOA review than roof-mounted. CC&R provisions that predate or contradict §318 are unenforceable. New Castle County reinforces these rights through its zoning code.
HOA fining for non-compliant aesthetics within reasonable bounds: enforceable. HOA blocking installation in violation of §318: homeowner may seek declaratory judgment and recover attorney fees. Installing before HOA approval: may face fines until approved.
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