Massachusetts Statewide Rule

Massachusetts Limits on HOA Power vs. Owner Rights

Few RestrictionsApplies statewide across Massachusetts (2026)

Key Facts

Solar protection: M.G.L. c. 184 § 23C voids anti-solar restrictions
Solar definition: Per c. 40A § 1A (zoning act)
Reasonable rules: Only "unreasonable" solar restrictions are void
Flags/signs/antennas: No broad MA statute: set by declaration + c. 183A

Last verified: September 5, 2026

Summary

Massachusetts overrides some HOA and condo restrictions by statute. M.G.L. c. 184 § 23C voids deed covenants and condo-document provisions that forbid or unreasonably restrict solar energy systems. Because there is no comprehensive HOA act, most other owner protections still come from the declaration, c. 183A, and local zoning.

Section 27. No restriction imposed after December thirty-first, nineteen hundred and sixty-one shall be enforceable:- (a) unless the person seeking enforcement (1) is a party to the instrument imposing the restriction and it is stated to be for his benefit or is entitled to such benefit as a successor to such party, or (2) is an owner of an interest in benefited land which either adjoins the subject parcel at the time enforcement is sought or is described in the instrument imposing the restriction and is stated therein to be benefited, and (b) after thirty years from the imposition of the restriction, unless (1) the restriction is imposed as part of a common scheme applicable to four or more parcels contiguous except for any interveni

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Full Breakdown

Massachusetts protects rooftop solar against HOA and condominium restrictions. M.G.L. c. 184 § 23C provides that "[a]ny provision in an instrument relative to the ownership or use of real property which purports to forbid or unreasonably restrict the installation or use of a solar energy system ... or the building of structures that facilitate the collection of solar energy shall be void." Solar energy system is defined by reference to the zoning act, c. 40A § 1A. The statute allows only reasonable restrictions, not outright bans. Beyond solar, Massachusetts has no broad statutory shield voiding flag, antenna, or political-sign covenants in the HOA context, so those disputes turn on the recorded declaration, the c. 183A by-laws, and municipal zoning rather than a state HOA owner-rights act.

Violations & Penalties

An HOA or condo rule that forbids or unreasonably restricts a solar energy system is void under c. 184 § 23C and cannot be enforced; owners can challenge such restrictions. Reasonable, non-prohibitory conditions remain permissible. Other restriction disputes are resolved under the declaration and c. 183A.

Frequently Asked Questions

Can a Massachusetts HOA or condo ban solar panels?

No. M.G.L. c. 184 § 23C makes void any instrument provision that purports to forbid or unreasonably restrict installing or using a solar energy system. The association may impose only reasonable, non-prohibitory conditions.

Does Massachusetts protect HOA owners flying the U.S. flag or political signs?

There is no broad Massachusetts statute voiding flag, sign, or antenna covenants in HOAs. Those issues are governed by the recorded declaration, the condominium by-laws under c. 183A, and local zoning.

What is a solar energy system for purposes of the Massachusetts solar-access law?

Chapter 184 § 23C defines it by reference to M.G.L. c. 40A § 1A, the zoning act, which covers devices and structural designs that collect and use solar energy.

Sources

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