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Hawaii Statewide Rule

Hawaii Solar Access Law Preempts HOA Bans

Few RestrictionsApplies statewide across Hawaii (2026)

Key Facts

Statute
HRS Section 196-7
Effect on HOA bans
Void and unenforceable
Allowed
Reasonable placement only
Attorney fees
Available to homeowner

Summary

HRS Section 196-7 prohibits any homeowners association, condominium, or planned community from preventing the installation of a solar energy device on a homeowner's roof or property, with reasonable placement restrictions allowed only.

§196-7 Placement of solar energy devices. (a) Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from installing a solar energy device on any single-family residential dwelling or townhouse that the person owns. Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable.

Source: HRS § 196-7 — Placement of solar energy devicesView official code

Full Breakdown

Hawaii's solar access statute (HRS 196-7) declares void and unenforceable any covenant, declaration, or association rule that prohibits or unreasonably restricts solar energy systems. Associations may impose reasonable placement standards that do not significantly increase installation cost or decrease efficiency. The law applies to single-family homes, townhomes, and the limited common elements of condominiums. Hawaii's framework is among the strongest in the nation, reflecting state policy goals of 100% renewable electricity by 2045 set in HRS 269-92.

Violations & Penalties

Civil action: prevailing homeowner recovers attorney fees, costs, and damages. HOA rules in conflict with HRS 196-7 are void as a matter of law.

Frequently Asked Questions

Can my Hawaii HOA prohibit solar panels?
No. HRS 196-7 voids any HOA rule that prohibits solar energy devices. The HOA can only regulate placement reasonably, without significantly increasing cost or decreasing performance.
What if my HOA still tries to deny my solar application?
You may file a civil action. If you prevail, the court must award attorney fees and costs. The HOA's denial will be unenforceable if it conflicts with the statute.

Sources

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