Vermont HOA Limits: Flags Protected, Solar Not

Under 27A V.S.A. § 3-120(d), "a rule regulating display of the flag of the United States must be consistent with federal law," and "the association may not prohibit display...of the flag of this State, or signs regarding candidates for public or association office or ballot questions, but the association may adopt rules governing the time, place, size, number, and manner of those displays." Solar is different: Vermont's solar-access statute, 24 V.S.A. § 2291a, bars only municipalities — not private associations — from prohibiting "the installation of solar collectors, clotheslines, or other energy devices based on renewable resources," and it does not reach condominium patio railings. The Common Interest Ownership Act contains no provision overriding HOA restrictions on solar panels.

A rule banning the U.S. flag, Vermont state flag, or candidate/ballot-question signs is unenforceable under 27A V.S.A. § 3-120(d); reasonable time, place, size, number, and manner rules are allowed. No solar override applies to private HOAs.