Utah Solar Rights Act (§57-8a-801 through §57-8a-805) prohibits HOAs from banning rooftop solar panels. HOAs may impose reasonable aesthetic conditions but cannot reduce system efficiency by more than 20% or raise installed cost by more than 10%. Approval must issue within 60 days.
Utah's Solar Rights Act, codified at Utah Code §57-8a-801 through §57-8a-805 (and parallel condominium provisions in §57-8-5.5), prevents homeowner associations from prohibiting solar energy systems on single-family or townhome properties. CC&R provisions that outright ban rooftop solar are unenforceable. HOAs retain the right to impose reasonable restrictions including: panel placement not visible from the street when feasible, color-matched flashing, mounting hardware specifications, and screening of ground-mounted equipment. However, restrictions are deemed unreasonable (and therefore void) if they increase installed cost by more than 10 percent or reduce energy production by more than 20 percent from the homeowner's proposed design. Architectural committees must act on solar applications within 60 days or the application is deemed approved. Battery energy storage systems (Tesla Powerwall, Enphase) are treated similarly. Utah Code §57-13-2.5 protects solar easement agreements between neighbors. The law complements municipal protections in §10-9a-305 and §17-27a-305.
HOA outright ban on solar: CC&R provision void; homeowner may install and recover attorney fees. Unreasonable delay beyond 60 days: deemed approval. Cost-increasing conditions over 10%: homeowner may sue to enforce Solar Rights Act. HOA fines for compliant installations: recoverable by homeowner.
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See how Orem's hoa restrictions rules stack up against other locations.
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