New Hampshire Limits HOA Solar Energy Restrictions

Under RSA 477:49, any covenant, restriction, or condition contained in a deed, contract, or HOA bylaws that effectively prohibits or unreasonably restricts the installation or use of a solar collector on residential property is void and unenforceable. HOAs may impose reasonable aesthetic and placement restrictions but cannot enact conditions that significantly increase cost or decrease performance. The statute defines reasonable restrictions narrowly. The law applies to all New Hampshire residential properties statewide, providing a uniform homeowner right to install solar regardless of subdivision or condominium rules. Homeowners may seek declaratory judgment to invalidate offending restrictions.

Restrictive covenants violating RSA 477:49 are void as a matter of law. Homeowners may sue for declaratory and injunctive relief, and prevailing parties may recover attorney fees.