Minnesota Statewide Rule
Minnesota Solar Rights Override HOA Covenants
Key Facts
- Statute
- Minn. Stat. 500.216
- Applies to
- Qualifying single-family dwelling
- Condition limit
- Max +$1,000 cost or -10% output
- Deemed approved
- If not denied within 60 days
- Solar easements
- Minn. Stat. 500.30
Summary
Minn. Stat. 500.216 bars homeowners associations and other private entities from prohibiting a roof-mounted solar energy system on a qualifying single-family home. Effective July 1, 2023, it applies statewide and overrides restrictive HOA declarations, subject only to limited design conditions.
500.30 SOLAR OR WIND EASEMENTS. § Subdivision 1. Solar easement. "Solar easement" means a right, whether or not stated in the form of a restriction, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of any owner of land or solar skyspace for the purpose of ensuring adequate exposure of a solar energy system as defined in section 216C.06, subdivision 17 , to solar energy. § Subd. 1a. Wind easement. "Wind easement" means a right, whether or not stated in the form of a restriction, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of any owner of land or air space for the purpose of ensuring adequate exposure of a wind power system to the winds. § Subd. 2. Like any conveyance. Any property owner may grant a solar or wind easement in the same manner and with the same effect as a conveyance of an interest in real property. The easements shall be created in writing and shall be filed, duly recorded, and indexed in the office of the recorder of the county in which the easement is granted. No duly recorded easement shall be unenforceable on account of lack of privity of estate or privity of contract; such easements shall run with the land or lands benefited and burdened and shall constitute a perpetual easement, except that an easement may terminate upon the conditions stated therein or pursuant to the provisions of section 500.20 . § Subd. 3. Required contents.
Full Breakdown
Section 500.216 provides that 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. It applies to a single-family detached dwelling whose owner is solely responsible for the entire building. Associations may impose reasonable conditions, but not ones that raise system cost by more than $1,000 or reduce production by more than 10 percent. An application not denied in writing within 60 days is deemed approved. Section 500.215 separately voids anti-flag covenants; section 500.30 governs solar easements.
Violations & Penalties
An HOA rule prohibiting a qualifying roof-mounted solar system is unenforceable under section 500.216. Homeowners may install the system; conditions exceeding the statute's cost and production limits do not bind them.
Frequently Asked Questions
Can my HOA stop me from installing solar?
What counts as a reasonable HOA solar rule?
How long does the HOA have to respond?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.