Maine Statewide Rule

Maine Limits on HOA Power: Solar Rights

Few RestrictionsApplies statewide across Maine (2026)

Maine's Solar Rights law (33 M.R.S. Ch. 28-A) overrides HOA and condo rules: a covenant, bylaw, or rule adopted after September 30, 2009 "may not prohibit" an owner from installing solar energy devices, though reasonable safety, historic, aesthetic, and shoreland restrictions survive.

Key Facts

Solar Rights statute: 33 M.R.S. Ch. 28-A (§§ 1421–1424)
Covers HOAs/condos: Yes — § 1421(1)(B)
Effective for instruments: Adopted after Sept. 30, 2009
Allowed restrictions: Safety, damage, historic/aesthetic, shoreland
Common elements: May still be prohibited (§ 1423(3))

Last verified: 2026-06-27

Full Breakdown

Under 33 M.R.S. § 1421, "legal instrument" expressly includes "[r]ules, bylaws or regulations of an association of property owners, including but not limited to a homeowners association, unit owners association or condominium owners association." Section 1423(2) provides that such an instrument adopted after September 30, 2009 "may not prohibit a person from installing or using" a solar energy device on residential property the person owns. Section 1423(4) preserves "reasonable restrictions" needed to protect public health and safety, prevent building damage, protect "[h]istoric or aesthetic values, when an alternative of reasonably comparable cost and convenience is available," or comply with shoreland zoning. Section 1423(3) still lets an instrument bar devices on common elements of a condominium.

Violations & Penalties

An HOA rule that flatly bans solar (adopted after 9/30/2009) is unenforceable to that extent. Owners can challenge a prohibition; reasonable, narrowly tailored restrictions remain valid.

Frequently Asked Questions

Can a Maine HOA ban solar panels?

Not outright if the rule was adopted after September 30, 2009. 33 M.R.S. § 1423(2) says such an instrument "may not prohibit" an owner from installing solar energy devices on their own residential property.

Can the HOA still impose any solar restrictions?

Yes. Section 1423(4) allows reasonable restrictions for safety, to prevent building damage, to protect historic or aesthetic values (where a comparable-cost alternative exists), or for shoreland zoning.

Does the solar law apply to older HOA covenants?

It applies to legal instruments adopted or created after September 30, 2009. Pre-2009 instruments may fall outside § 1423's reach, so older covenants are a gray area.

Sources

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