Minnesota Limits on HOA Power: Solar & Flag Rights

Under Minn. Stat. § 500.216, "a private entity must not prohibit or refuse to permit the owner of a single-family dwelling to install, maintain, or use a roof-mounted solar energy system," notwithstanding any covenant or homeowners association document; reasonable design conditions are allowed but cannot cut output more than 10% or raise cost beyond set thresholds. Separately, Minn. Stat. § 500.215 declares that any restrictive covenant or "homeowners association document that limits the right of an owner or tenant of residential property to display the flag of the United States and the flag of the State of Minnesota is void and unenforceable," subject only to narrow health/safety, size, location, and illumination limits.

An HOA rule banning qualifying roof-mounted solar is unenforceable to that extent (§ 500.216); a covenant barring U.S./Minnesota flag display is "void and unenforceable," and a denied owner who prevails may recover reasonable attorney fees and expenses under § 500.215.