South Carolina law limits homeowner association authority to prohibit solar collectors. The Solar Rights Act and Homeowners Association Act protect residential solar installations from unreasonable HOA restrictions, applying uniformly statewide.
Under SC Code Section 27-30-360, an HOA cannot effectively prohibit a homeowner from installing a solar energy collection device on their property if it complies with reasonable aesthetic guidelines. The statute, part of the Homeowners Association Act, allows HOAs to impose reasonable rules on placement, color, screening, and orientation, but restrictions cannot increase installation costs by more than a statutorily defined threshold or significantly reduce performance. Restrictive covenants recorded before the act's effective date may still apply, but new amendments adopted after must conform. The act applies statewide to all HOA-governed communities and preempts conflicting covenants. Disputes between owners and HOAs can be resolved through the SC Department of Consumer Affairs HOA Ombudsman or civil court action.
HOAs that unreasonably deny solar installations may be liable for damages, attorney's fees, and injunctive relief. Homeowners can file complaints with the SC HOA Ombudsman.
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