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Virginia

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Oct 26, 2026

By the Virginia Solar Editorial Team

Can Your HOA Block Solar in Virginia? What the Law Says and How to Get Approved

Virginia law limits how far an HOA or condo association can go in blocking rooftop solar. Here's what it allows and how to get approved.

Clay-style illustration of a row of four suburban houses seen from the street under a textured sage sky, each with its own mailbox at the curb, with solar panels on just one roof.

Can Your HOA Block Solar in Virginia? What the Law Says and How to Get Approved

The Short Version

In most Virginia HOAs and condo associations, the association can't simply say no to solar on your own property. State law allows a flat ban only if the community's recorded declaration includes one. Otherwise, the association can set "reasonable restrictions" on size, placement, and how the panels are mounted. The law also spells out when a restriction stops being reasonable.

The Laws That Apply

Virginia has two nearly identical laws:

Property owners' associations (most single-family and townhome HOAs): Va. Code § 55.1-1820.1
Condominium associations: Va. Code § 55.1-1951.1

You may still see the old section number, § 67-701, in older articles. Those rules now live in Title 55.1. Both current sections were last amended in 2023. We found no 2026 changes as of today.

What Your HOA Can't Do

The core rule is short: "No association shall prohibit an owner from installing a solar energy collection device on that owner's property unless the recorded declaration for the association establishes such a prohibition."

The law defines "solar energy collection device" broadly, covering solar photovoltaic equipment and passive solar heating panels.

A restriction is "deemed not to be reasonable" if, applied to your proposal, it would:

Increase the installation cost by 5 percent over the projected cost of your original proposal, or
Reduce energy production by 10 percent below the projected production of your original proposal.

So if the board tells you to move every panel to a back roof that faces north, and that would cut your production by more than 10 percent, the law treats that restriction as unreasonable.

There's a catch. To use this protection, you have to provide documentation "prepared by an independent solar panel design specialist, who is certified by the North American Board of Certified Energy Practitioners and is licensed in Virginia," and it must be "satisfactory to the association."

What Your HOA Can Do

The association can still:

Set reasonable restrictions on "the size, place, and manner of placement" of panels on your own property.
Ban solar outright if your recorded declaration already does. The law makes this exception, so read your declaration first.
Prohibit or restrict solar on common areas. This includes setting rules on "number, size, place, and manner of placement" there.

Condos and Townhomes: Who Owns the Roof?

The protection covers solar on property "designated and intended for individual ownership and use." It doesn't cover common elements or common areas, where the association can say no.

In many condos, the roof is a common element, not part of any one unit. If so, the association can refuse rooftop panels. In townhome communities, it depends on your documents: some owners own their roof, and some don't. Check your declaration and plat before you pay for a design.

How to Get Approval

Read your documents. Look for any solar ban in the recorded declaration, and get the current architectural guidelines.
Get a written proposal first. The 5 percent and 10 percent tests are measured against your "initially proposed installation," so you'll want a quote that shows the projected cost and production.
Submit a complete application. Include a roof layout, panel and racking spec sheets, and photos or renderings. Ask your installer who prepares it and who pays if a redesign is needed.
Get any conditions in writing. If the board approves with conditions, ask your installer what each one does to cost and production.
Don't install before you're approved. Building first and asking later can lead to violation notices and fines under your association's rules.

If you're buying a home in an HOA, the resale certificate must include a statement of any solar restriction (§ 55.1-2310). Read it before you close.

What to Do If You're Denied

Ask why, in writing. Find out whether the denial rests on a declaration ban, a common-area rule, or a placement restriction.
Test the restriction. If it's about placement, have a qualified designer run the numbers. If the change would add more than 5 percent to the cost or cut production by more than 10 percent, put that in writing to the board.
Use your association's complaint process. Virginia requires every association to have a written complaint procedure (§ 54.1-2354.4).
Contact the Ombudsman. After a final adverse decision, you can file a notice with the state's Common Interest Community Ombudsman within 30 days, with a $25 fee. The Ombudsman's determinations are non-binding and the office can't give legal advice, but it can tell you whether a decision may conflict with the law.
Talk to a Virginia attorney before going to court. Under the HOA statute (§ 55.1-1828), the winning side can recover attorney fees, and that works in either direction.

A Note on Plug-In Balcony Solar

A separate law takes effect January 1, 2027. It covers small plug-in solar devices up to 1,200 watts and protects tenants of larger landlords, not HOA members. It doesn't address HOA or condo association rules. We cover it in Plug-In Balcony Solar in Virginia.

Final Thoughts

Living in an HOA rarely means solar is off the table in Virginia. Unless your recorded declaration bans it, your association can shape how your system looks and where it goes, but the law limits how much those rules can cost you in money or production. Start with your documents and a written proposal, and keep everything in writing.

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