Utah HOA Solar Restrictions and Statutory Limits

Utah Code § 57-8a-701 (Community Association Act) provides that a governing document other than the declaration, and any association rule, may not prohibit a detached-dwelling owner from installing a solar energy system. Only the recorded declaration may restrict solar, and a permitted placement restriction may reduce production by no more than 5%. Reasonable health, safety, and building requirements still apply. The section previously cited here, § 57-8a-801, actually governs electric vehicle charging, not solar. Condominium associations are governed separately under the Condominium Ownership Act.

An HOA rule or non-declaration governing document that bars a detached-dwelling owner's solar system is unenforceable. Owners may raise § 57-8a-701 as a defense and seek to have the restriction declared invalid.