Idaho Bars HOAs From Banning Rooftop Solar Panels

Under Idaho Code § 55-3208, no homeowner's association may add, amend, or enforce any covenant, condition, or restriction that prohibits installing solar panels or solar collectors on a rooftop within its jurisdiction. Associations may pick the roof location as long as panels face south or within forty-five degrees east or west of due south, and may adopt reasonable rules consistent with an applicable building code: requiring panels to sit parallel to the roofline, conform to the roof slope, and have frames, support brackets, and visible piping or wiring painted to coordinate with the roofing. Enacted in 2022, the section applies to rooftops owned, controlled, and maintained by the homeowner.

An HOA covenant that flatly prohibits rooftop solar is unenforceable under § 55-3208. A homeowner blocked by such a restriction can challenge it in Idaho district court, and the association's prohibition carries no legal force against a compliant rooftop installation.