Wisconsin Statewide Rule
Wisconsin Limits on HOA Power vs. Owner Rights
Key Facts
- Solar/wind protection
- Wis. Stat. § 236.292 voids anti-solar/wind restrictions
- Scope
- Restrictions on platted land (deeds, plats, HOA covenants)
- Local-gov standard
- § 66.0401: health/safety or no significant cost/efficiency hit
- Flags/signs/antennas
- No broad WI statute: set by declaration + ch. 703
Summary
Wisconsin overrides anti-solar and anti-wind HOA restrictions by statute. Wis. Stat. § 236.292 voids restrictions on platted land that prevent or unduly restrict solar or wind energy systems. Because there is no comprehensive HOA act, most other owner protections still come from the declaration, ch. 703, and local zoning.
Except as provided in sub. (3), a homeowners' association may not adopt or enforce a covenant, condition, or restriction, or enter into an agreement, that restricts or prevents a member of the homeowners' association from displaying the flag of the United States on property in which the member has an ownership interest and that is subject to any policy or restriction adopted by the homeowners' association.
Full Breakdown
Wisconsin protects renewable energy against HOA and condominium restrictions. Wis. Stat. § 236.292(2) provides that "all restrictions on platted land that prevent or unduly restrict the construction and operation of solar energy systems ... or a wind energy system ... are void." That reaches deed restrictions, plats, and HOA covenants on platted land. The companion local-government statute, § 66.0401, allows restrictions on solar or wind systems only to protect public health or safety or where the restriction does not significantly increase cost or decrease efficiency. Beyond solar and wind, Wisconsin has no broad statutory shield voiding flag, antenna, or political-sign covenants in the HOA context, so those disputes turn on the recorded declaration, ch. 703 bylaws, and municipal zoning rather than a state HOA owner-rights act.
Violations & Penalties
An HOA or condo restriction on platted land that prevents or unduly restricts a solar or wind energy system is void under § 236.292 and cannot be enforced. Reasonable, non-prohibitory conditions may survive; other restriction disputes are resolved under the declaration and ch. 703.
Frequently Asked Questions
Can a Wisconsin HOA or condo ban solar panels?
Does the solar-access law also cover wind turbines in Wisconsin?
Does Wisconsin protect HOA owners flying the U.S. flag or political signs?
Sources
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