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Disgruntled homeowner considers legal action after HOA denies solar installation for 'aesthetic reasons': 'They [said] ... laws don't apply to them'

"You need advice from an attorney."

"You need advice from an attorney."

Photo Credit: iStock

If you live in a community governed by an HOA, embracing solar energy to lower your bills and help the planet might be more challenging than you expect. 

Unfortunately, this has been the situation for numerous homeowners seeking HOA approval for their solar panel installations. 

One example came from a Reddit post to r/legaladvice. In the post, a homeowner in Indiana shared that their homeowners association denied their solar request based on "aesthetic reasons" even though the state has a law specifically forbidding this practice. 

"Since the law is on our side, we plan to continue with the solar install," the OP wrote. "Is it worth pushing the issue with the board? This is not the first time they have insisted that laws don't apply to them." 


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The OP's question is helpful because it makes other homeowners feel less alone in their struggles with an HOA. The post's responses also provided valuable insights into resolving the matter with the HOA and moving forward with the project. 

Many other people have also taken to social media to seek advice on overcoming their HOA solar panel denials and how to utilize state laws in their favor. 

In general, the best advice when you want to make money-saving, planet-friendly updates in an HOA community is to approach the board calmly, rationally, and with the law on your side. 

Even within an HOA, there are so many benefits of going solar, including lowering your home energy costs and reducing planet-overheating pollution. 

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"State and Federal laws always take precedence over HOA CCRs and bylaws," one user replied to the OP's post. "You need advice from an attorney." 

"If you want to fight it, I'd suggest locating a local attorney who can confirm the law and then direct you to follow the requirements to a T," someone else recommended. "This might include some notices to the HOA with your decision to move forward and reasons why, backed up by the law." 

In a comment, the OP shared that they plan to discuss the matter with a lawyer but didn't want the process to drag on past the end of the year because the 30% federal tax credit will expire

This timeframe is worth keeping in mind because the incentives still available could provide significant savings on upfront costs.

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