South Dakota Limits on HOA Power: Solar Easement Is Voluntary Only, No Statute Overrides HOA Solar Bans

South Dakota has no statute that strips an HOA of authority over solar panels, signs, clotheslines, flags, or EV charging. The state's only solar provision, SDCL 43-13-16.1, defines a solar easement as "a right ... 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 photovoltaic solar power system to the sun." That is a voluntary property right two consenting owners may create by agreement; it contains no "void and unenforceable" language aimed at HOA covenants and does not guarantee solar access. Because no South Dakota statute preempts association restrictions, an HOA's recorded declaration may lawfully limit or prohibit solar collectors, clotheslines, EV chargers, and similar improvements, and those covenants control.

South Dakota provides no statutory override of HOA restrictions on solar panels, clotheslines, flags, or EV charging, so a restrictive covenant on these topics generally remains enforceable through the recorded declaration. The solar-easement statute creates only a voluntary, recordable property right between consenting owners.