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.
Wilmington, DE
Residential swimming pools in Wilmington require a building permit from the Department of Licenses and Inspections and must comply with the Delaware State Bu...
Wilmington, DE
Delaware does not preempt local tiny-home rules, and Wilmington's City Code Chapter 48 (Zoning) treats dwellings under the standard residential district bulk...
Wilmington, DE
Carports in Wilmington are accessory structures regulated under City Code Chapter 48 (Zoning) and require a building permit from the Department of Licenses a...
Wilmington, DE
Wilmington follows Delaware HB 80 (2017) informal sanctuary protections. The Wilmington Police Department limits civil immigration cooperation with ICE; crim...
Wilmington, DE
Delaware's Healthy Delaware Families Act (DE 19 §3702A) created statewide paid family and medical leave, fully effective 2026. Wilmington cannot create a sep...
Wilmington, DE
Delaware preempts local minimum-wage rules. The state minimum wage rose from $13.25 (2025) to $15.00 effective 2026 under DE Title 19 §902, applying uniforml...
See how Wilmington's hoa restrictions rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.