Maine Statewide Rule

Maine Solar Rights Law Limits HOA Solar Restrictions

Few RestrictionsApplies statewide across Maine (2026)

Title 33 Chapter 28-A protects Maine homeowners' right to install solar energy devices. HOAs and condo associations cannot prohibit solar systems and may impose only narrow, reasonable restrictions tied to safety or aesthetics.

Key Facts

Statute: 33 MRS Chapter 28-A
Applies To: HOAs and condo associations
Total Bans: Void and unenforceable
Allowed: Reasonable safety restrictions
Municipal Limit: 30-A MRS Section 3013

Source: 33 MRSA §1423 - Use and installation of solar energy devices

Full Breakdown

Maine's Solar Rights Act (33 MRS Sections 1421-1423) declares that any covenant, deed restriction, or association rule that effectively prohibits the installation or use of a solar energy device is void and unenforceable. The statute applies to homeowners associations, unit owners associations, and condominium owners associations. Associations may impose only reasonable restrictions necessary to protect public health and safety, prevent building damage, or preserve historic and aesthetic values, and only when an alternative of reasonably comparable cost and convenience is available. Title 30-A Section 3013 separately limits municipal restrictions on solar devices.

Violations & Penalties

Restrictions that effectively prohibit solar installation are void as a matter of law. Associations enforcing void restrictions risk declaratory judgments, attorney fees, and damages awards.

Frequently Asked Questions

Can my Maine HOA ban rooftop solar panels?

No. Title 33 Section 1423 voids covenants that effectively prohibit solar devices. HOAs may only impose narrow, reasonable restrictions with comparable-cost alternatives.

Can an HOA require panels be hidden from street view?

Aesthetic restrictions are allowed only if they are reasonable and a comparable-cost alternative exists. A rule that significantly raises cost or reduces output is unenforceable.

Does this protection apply to ground-mount solar arrays?

Yes, the statute applies broadly to solar energy devices. Reasonable HOA setbacks may still apply, but blanket prohibitions on ground-mounted systems are void.

Sources

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