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West Virginia Statewide Rule

West Virginia Voids HOA Solar Bans, W. Va. Code §36-4-19

Some RestrictionsApplies statewide across West Virginia (2026)

Key Facts

Statute
W. Va. Code §36-4-19
Effect of anti-solar covenant
Void and unenforceable
HOA escape hatch
Member vote may restrict
Preserved limits
Historic, architectural, common areas
Scope
Statewide housing associations
Last verified: July 31, 2026

Summary

West Virginia Code §36-4-19 makes any HOA covenant that prohibits or restricts a homeowner's solar energy system void and unenforceable, so a housing association cannot block rooftop panels through its governing documents.

Any covenant, restriction, or condition contained in any governing document of a housing association executed or recorded after the effective date of this section that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable

View official code

Full Breakdown

Under W. Va. Code §36-4-19, any covenant, restriction, or condition in a housing association's governing documents that effectively prohibits or restricts installing or using a solar energy system is void and unenforceable. A 'solar energy system' means equipment affixed to a building that collects, stores, or distributes solar energy. The statute preserves real carve-outs: a housing association may, by a vote of its members, establish or remove such a restriction, and it does not disturb reasonable restrictions tied to historical preservation, architectural significance, or religious or cultural importance, or an association's control of common areas.

Violations & Penalties

An HOA rule banning panels is simply unenforceable; a homeowner can install and defend the system in circuit court, and a covenant purporting to forbid solar carries no legal effect against the owner.

Frequently Asked Questions

Can my West Virginia HOA stop me from installing solar panels?
No. Under §36-4-19 any covenant that prohibits or restricts a solar energy system is void and unenforceable, so a standard HOA ban has no legal effect against you.
Are there any ways an HOA can still limit solar?
Yes. Members can vote to impose a restriction, and reasonable limits for historical preservation, architectural significance, religious or cultural importance, and common-area installations remain valid.
Does this cover systems installed before the law passed?
The statute voids restricting covenants in documents executed or recorded after its effective date and reflects a state policy encouraging residential and commercial solar use.

Sources

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