District of Columbia Statewide Rule
DC Bars HOAs From Banning Rooftop Solar Panels
Key Facts
- Statute
- DC Code section 8-1774.51
- Protects
- Owner's roof and unit solar
- HOA aesthetic bans
- Prohibited
- HOA reasonable guidelines
- Allowed (non-aesthetic)
- Enacted
- DC Law 22-142, July 2018
Summary
Under DC Official Code section 8-1774.51, a homeowners, condominium, or cooperative housing association cannot prohibit an owner from installing a solar energy collection device on their own property, unit, or single-unit roof.
A homeowners association, condominium owners association, or cooperative housing association shall not prohibit an owner or member from installing or using a solar energy collection device on the owner's or member's property or residential unit; provided, that an association may: (1) Prohibit the installation or use of a solar energy collection device on the common elements of the association, other than a roof that only covers one owner's or member's property or residential unit; and (2) Establish reasonable guidelines, other than aesthetic guidelines, on the installation and use of a solar energy collection device...
Full Breakdown
The Solar Expansion for Cooperative Associations Act of 2018 added section 8-1774.51 to the DC Official Code, stripping community associations of the power to ban rooftop solar. A homeowners association, condominium owners association, or cooperative housing association cannot prohibit an owner or member from installing or using a solar energy collection device on their property, residential unit, or a roof covering only that one unit. Associations keep two narrow powers: they may bar devices on shared common elements, and they may set reasonable guidelines to prevent nuisance, but those guidelines cannot be aesthetic. Owners stay responsible for maintenance, repair, and any resulting damage.
Violations & Penalties
An association covenant, rule, or aesthetic guideline that forbids a qualifying rooftop solar installation is void as against DC Official Code section 8-1774.51; the owner retains the statutory right to install and use the device.
Frequently Asked Questions
Can my DC condo board reject solar panels on aesthetic grounds?
Does the law cover shared common areas?
Who pays for maintenance and any damage?
Sources
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