North Carolina Supreme Court Affirms Homeowners’ Rights to Install Solar Panels in HOAs
In a landmark decision, the North Carolina Supreme Court upheld homeowners’ rights to install rooftop solar panels even if their HOA initially opposed the project. The ruling clarifies that broad ARC authority cannot be used to effectively prohibit solar installations under the state’s Solar Access Law; restrictive covenants must not have the effect of preventing reasonable solar use.
This decision is significant for boards and homeowners alike, since nearly 40% of North Carolinians live in HOAs and solar requests are one of the fastest-growing modification categories. While associations can still adopt reasonable aesthetic and placement standards, they cannot impose rules that make solar infeasible and must update their guidelines to reflect legal protections and avoid costly legal challenges.
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