Suffolk County, MA Solar Energy: HOA Restrictions (2026)

Massachusetts provides strong protection for solar owners against HOA and condo restrictions. MGL c. 40A, §9B requires zoning to allow reasonable solar access. MGL c. 184, §23C (effective 2014) declares that 'no deed restriction, condominium provision, easement, or other agreement' may prohibit solar energy systems on buildings — such provisions are void and unenforceable. However, condos and HOAs retain the right to adopt reasonable regulations about placement, appearance, and maintenance. For condos (governed by MGL c. 183A), this is especially important in Suffolk County where much of the housing stock is condominium. A condo trustee board may require panels be hidden from street view if a technically and economically feasible alternative location exists. The board may also require the owner to sign a solar license agreement addressing insurance, roof warranty preservation, and removal obligations if the roof needs repair. Ground-mounted systems on individual unit's exclusive-use areas (e.g., a private yard in a townhouse-style condo) generally cannot be banned but can be regulated for size. Battery storage systems connected to panels are similarly protected. Owners whose condo unreasonably denies solar can sue for declaratory relief and attorneys fees. Single-family HOAs (less common in Suffolk County) fall under the same MGL c. 184, §23C protections.