Indiana DOES have a statewide HOA solar-rights statute — IC 32-25.5-3.5, the 'Homeowners Association Restrictions on Solar Energy Systems' chapter enacted by House Enrolled Act 1196 in 2022. It is petition-based, not a flat override: a Noblesville homeowner whose HOA covenants prohibit or restrict solar can collect signatures equal to the lesser of (a) the number needed to amend the covenants or (b) 65% of association members, and once the petition is filed the HOA board and architectural review committee may not deny the solar installation. HOAs may still impose 'reasonable restrictions' that do not significantly increase cost or decrease efficiency.
Indiana's HOA solar law is codified at IC 32-25.5-3.5 (Title 32, Article 25.5, Chapter 3.5 — Homeowners Association Restrictions on Solar Energy Systems), enacted by House Enrolled Act 1196 in the 2022 Regular Session and effective July 1, 2022. It applies to any homeowners association whose declaration of covenants, conditions, and restrictions (CC&Rs) 'prohibits, restricts, or limits the installation of solar energy systems by homeowners association members' or has unreasonably been denied. The statute does NOT immediately void HOA solar prohibitions. Instead, it creates a petition mechanism: the Noblesville homeowner gathers signatures from other HOA members equal to the LESSER of (1) the number of signatures necessary to amend the HOA's covenants or governing documents, or (2) 65% of the association's members. Once the petition meets that threshold, the HOA board of directors, architectural review committee, and architectural control committee may NOT deny the homeowner's request to install the solar energy system (IC 32-25.5-3.5-7 prohibits denial after a compliant petition). The HOA may still impose 'reasonable restrictions' defined at IC 32-25.5-3.5-2 as restrictions that either (i) do not significantly increase the cost of the system or significantly decrease its efficiency, or (ii) allow for an alternative system of comparable cost and efficiency. Permitted reasons for an HOA to still prohibit or require removal are listed at IC 32-25.5-3.5-5 and include narrow safety/insurance grounds; aesthetic preferences alone do NOT qualify. This is markedly different from a flat statutory override (such as Florida Stat. 163.04 or Texas Prop. Code 202.010), but it is a real solar-rights protection — the cluster brief's framing that 'Indiana has NO statewide HOA solar override' is incorrect as of HEA 1196 (2022). Practical Noblesville guidance: read the CC&Rs first; submit your design (panel color, location, conduit routing, ground-mount setbacks) to the ARC; if denied, organize the IC 32-25.5-3.5 petition; budget for litigation in Hamilton Superior Court if the HOA refuses to honor a successful petition.
If an HOA in Noblesville denies a solar installation in violation of IC 32-25.5-3.5-7 (denial after a compliant signature petition) or imposes restrictions that are not 'reasonable' under the IC 32-25.5-3.5-2 definition, the homeowner's remedy is a civil action in Hamilton Superior Court for declaratory and injunctive relief, plus damages and (depending on the CC&Rs and the court's analysis) attorney fees under the Indiana Nonprofit Corporation Act (IC 23-17) or general fee-shifting principles. The HOA may also face the practical consequence of being unable to enforce its solar prohibition against any other member who follows the same petition path. The City of Noblesville will still issue building/electrical permits under the Indiana-adopted Residential Code regardless of HOA status — the city does not enforce private covenants. Installing solar WITHOUT a successful petition where the CC&Rs prohibit it exposes the homeowner to HOA injunction, lien for fines, and forced removal under standard Indiana covenant-enforcement law.
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