Hawaii HOA vs. State Law: Solar, Clotheslines & Flags

Section 196-7(a) provides that 'no person shall be prevented by any covenant, declaration, bylaws, restriction, deed... or similar binding agreement' from installing a solar energy device on a single-family dwelling or townhouse they own, and any contrary provision 'shall be void and unenforceable.' A 'private entity' — expressly defined to include 'any association of homeowners, community association, condominium association, [or] cooperative' — must adopt rules facilitating solar that do not render the device more than 25% less efficient or raise installation/maintenance/removal cost by more than 15%, and 'no private entity shall assess or charge any homeowner any fees for the placement of any solar energy device.' Section 196-8.5 gives clotheslines the same protection. By contrast, Chapter 421J contains no flag-display or political-sign protection — proposed bills (e.g., 2011 HB69, 2012 HB1468) did not result in a current codified 421J flag section — so flag and sign rights derive from the association documents, not statute.

An HOA covenant or rule that prohibits a solar energy device or a clothesline is void and unenforceable under §§ 196-7 and 196-8.5, and the association may not charge any fee for their placement. Hawaii statute does not override HOA restrictions on flags or political signs, so those restrictions in the association documents remain enforceable.