Ohio Solar Access Law Limits HOA Bans (SB 61)

Ohio's protection is weaker than solar-rights laws in states like Florida or Illinois. Under ORC 5312.16, enacted by Senate Bill 61 effective in 2022, an owner may install a solar energy collection device on the dwelling or lot unless the declaration specifically prohibits solar, with the owner bearing related insurance and maintenance costs. Associations may still adopt reasonable restrictions on size, placement, and manner of installation, and a community whose recorded declaration prohibits solar can continue to ban panels. ORC 5311.192 applies similar rules to condominiums. The Ohio Power Siting Board's jurisdiction under ORC 4906 covers only utility-scale projects, not private homes.

An association rule banning solar where the declaration does not specifically prohibit it is unenforceable under ORC 5312.16, but restrictions written into a recorded declaration remain enforceable through fines, liens, and covenant lawsuits.