Delaware HOA Restrictions Law: Statewide Solar Energy Rules (2026)

Key Facts

Statute: 25 Del. C. Section 318
Roof systems: Restrictions void
Owner notice: 60 days certified mail
HOA response window: 30 days

Full Breakdown

Under 25 Del. C. Section 318, any covenant, restriction, or condition that prohibits or unreasonably restricts a property owner from installing or using a roof-mounted solar system is void and unenforceable. Reasonable restrictions are those that do not significantly increase cost or decrease efficiency. Roof-mount restrictions can only be amended back in by a two-thirds owner vote; ground-mount restrictions yield to a simple majority amendment. Owners must give 60 days written certified notice to the HOA or neighbors within 150 feet before installing roof solar, and the HOA has 30 days to provide reasonable placement guidance. The protection applies statewide.

Violations & Penalties

Conflicting HOA enforcement actions are void; owners may seek declaratory and injunctive relief plus attorney's fees in some cases.

Frequently Asked Questions

Can my Delaware HOA reject solar panels on my roof?

No. Section 318 voids covenants that prohibit or unreasonably restrict roof-mounted solar. The HOA may only suggest reasonable placement that does not significantly raise cost or reduce efficiency.

Do ground-mount solar systems get the same protection?

Less protection. HOAs may restrict ground-mount systems through covenants, but owners can amend the covenants by majority vote, while roof-mount restrictions require two-thirds to reinstate.

Delaware Voids HOA Covenants That Block Roof Solar