Tennessee Statewide Rule
Tennessee HOAs May Restrict Solar Panels; No Access Law
Key Facts
- Solar access law
- Easements only (§ 66-9-201 et seq.)
- HOA override
- None; HOAs may restrict solar
- Homeowner exemption
- No statutory solar protection
- Remedy
- Depends on governing documents
Summary
Tennessee has no solar-access law overriding HOA covenants, so a homeowners association may restrict or prohibit rooftop solar panels. The Solar Access Law of 1979 (T.C.A. § 66-9-201 et seq.) only lets owners create voluntary recorded solar easements.
(a) Any instrument creating a solar easement shall include, but the contents need not be limited to: (1) A description of the real property subject to the solar easement and a description of the real property benefiting from the solar easement; (2) The vertical and horizontal angles, expressed in degrees or otherwise, at which the solar easement extends over the real property subject to the solar easement; (3) Any terms or conditions, or both, under which the solar easement is granted or will terminate; (4) Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement; and (5) The period of time for which the easement shall run.
Full Breakdown
Tennessee's Solar Access Law of 1979, T.C.A. §§ 66-9-201 to 66-9-208, authorizes property owners to create voluntary, recorded solar easements to protect access to sunlight. It does not void or limit private restrictive covenants. Unlike many states, Tennessee has enacted no statute making HOA rules that prohibit solar collectors void and unenforceable. As a result, an HOA may restrict or ban panels through its recorded declaration and architectural rules, and an owner has no statutory exemption. Any relief depends on the governing documents or negotiation with the association.
Violations & Penalties
An HOA's covenant restrictions on solar panels generally stand. Tennessee provides no statutory override, so a homeowner has no statutory right to overturn an HOA solar prohibition and must rely on the governing documents.
Frequently Asked Questions
Can a Tennessee HOA ban my rooftop solar panels?
Does Tennessee have a solar easement law?
Sources
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