Wisconsin Limits on HOA Power vs. Owner Rights

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.

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.