Can HOA Implement a Solar Panel Restriction?

This case involved a dispute between husband and wife homeowners (collectively “Owner”) and their homeowners association (“Association”) over the installation of solar panels on the roof of Owner’s home without Owner having first obtained approval from Association’s architectural review committee as required by Association’s governing documents.

A few months after purchasing and moving into their home, Owner had a solar collection system consisting of forty-eight solar panels installed on the roof of their home without first obtaining the required approval from Association. Fifteen of the solar panels were installed on the front portion of the roof, and the remaining thirty-three panels were installed on the rear portion of the roof. After Association objected to the solar panels Owner sought retroactive approval, which was denied, and then Owner ignored Association’s demand that Owner remove the solar panels from the front portion of their roof. Association then filed suit against Owner seeking a declaration that Owner was in violation of the governing documents and an injunction directing Owner to remove the solar panels from the front portion of their roof.

The trial court found in favor of: