Idaho Statewide Rule

Idaho HOA Solar Panel Restrictions Preempted by Statute

Few RestrictionsApplies statewide across Idaho (2026)

Key Facts

Solar rights statute: Idaho Code 55-3208
Origin: House Bill 158 (2019)
Allowed orientation: South within 45 degrees
Effect: Voids HOA prohibitions

Last verified: September 5, 2026Source: Idaho Legislature

Summary

Idaho Code Section 55-3208 prohibits homeowners associations from adopting or enforcing covenants that limit or prohibit rooftop solar panel installation, preempting contrary CC&Rs across the state.

55-3208. solar panels. (1) No homeowner's association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits the installation of solar panels or solar collectors on the rooftop of any property or structure within the jurisdiction of the homeowner's association. A homeowner's association may, however, determine the specific location where solar panels or solar collectors may be installed on the roof as long as installation is permitted with an orientation to the south or within forty-five (45) degrees east or west of due south.

Source: Idaho LegislatureView official code

Full Breakdown

Idaho Code Section 55-3208 bars any homeowners association from adding, amending, or enforcing covenants, conditions, or restrictions that limit or prohibit installation of solar panels or solar collectors on the rooftop of property within the association. HOAs may still designate specific rooftop locations so long as the panels can be oriented south or within 45 degrees east or west of due south, and may adopt reasonable installation rules consistent with applicable building codes. The statute applies uniformly to all Idaho HOAs and was enacted by House Bill 158 in 2019. Conflicting covenants are unenforceable.

Violations & Penalties

HOAs that enforce prohibited covenants may face civil suits by homeowners; preempted CC&Rs are void and unenforceable under Section 55-3208.

Frequently Asked Questions

Can my Idaho HOA prohibit rooftop solar panels?

No. Idaho Code Section 55-3208 prohibits HOAs from adopting or enforcing covenants that limit or prohibit installation of rooftop solar panels or collectors.

What can my HOA still control about solar?

HOAs may set reasonable rules about exact rooftop placement, code compliance, and parallel-to-roofline alignment, provided panels can still face within 45 degrees of due south.

Sources

Idaho Code 55-3208 Solar Panels

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