Hawaii · Solar and solar access
Can a Hawaii HOA restrict rooftop solar?
Direct answer
Hawaii Revised Statutes §196-7(a) generally prevents a private entity, including a homeowners association or condominium association, from preventing an owner from installing a solar energy device on a single-family residential dwelling or townhouse that the owner owns. The statute also permits conditions for design, licensed installation, registration, insurance, maintenance, removal, and roof warranties, and it does not replace local permits or utility approval.
This guide covers Hawaii owners considering a solar energy device on an owned single-family residential dwelling or townhouse and explains the separate condominium, common-element, permit, utility, and property-document questions.
Confirm whether the proposed location is part of the owner's separate interest, a common element, a limited common element, or association-owned property.
Confirm the current local permit requirements, utility process, roof-warranty instructions, insurance terms, and association rules.
This guide does not decide ownership of a roof or common element, grant permission to alter association property, issue a permit, approve utility interconnection, or interpret a particular declaration or insurance policy.
The protection in context
Usually, a Hawaii homeowners association cannot use a covenant, declaration, bylaw, restriction, deed, lease, contract, or similar private agreement to prevent the owner of a single-family residential dwelling or townhouse from installing a solar energy device. Hawaii Revised Statutes §196-7(a) makes a contrary provision void and unenforceable. The protection is not an unrestricted right to use every roof or to skip other approvals.
Who the protection covers
The core protection applies when the person owns the single-family dwelling or townhouse. “Solar energy device” includes photovoltaic equipment and other identifiable equipment that uses solar energy for heating, cooling, or reducing fossil-fuel energy use. A condominium unit requires a separate analysis. Under HRS §514B-140(c)(1), a condominium-unit owner's solar installation is allowed upon written board consent; subsection (c)(2) separately directs single-family dwellings and townhouses to §196-7.
The physical location matters. A roof or area that is part of the owner's separate interest is different from an association-controlled common element or a limited common element. Under §196-7(c)(3), an owner must obtain the private entity's consent before placing the device on a common or limited common element. The declaration, plat, maintenance map, and current rules should identify that boundary rather than relying on a casual description such as “my roof.”
Conditions an association may apply
Hawaii private entities must adopt rules that facilitate solar-device placement. Those rules may not make the device more than 25 percent less efficient or increase installation, maintenance, and removal costs by more than 15 percent. The private entity may not charge a homeowner fees for placement under §196-7(b).
For a device on a common or limited common element, the owner must comply with the private entity's design specifications, use a duly licensed contractor, and provide the required certificate of insurance naming the private entity as an additional insured after approval. The owner and successive owners remain responsible for damage to the device, common areas, limited common elements, or adjacent units caused by installation, maintenance, repair, removal, or replacement. The device may have to be removed when reasonably necessary for common-element repair or replacement.
Roof warranties also change the practical path. If an existing contractor guarantee or manufacturer's warranty covers the roof, the installer must notify the private entity that the solar installation may affect it. The project may require written manufacturer approval or coordination with the roofing contractor, and the applicable guarantee or warranty must be provided to the private entity.
What remains separate
A private-entity limit is not a building permit. Check the local building, electrical, structural, fire, zoning, and historic-preservation authorities that have jurisdiction over the property. Check the serving utility's current tariff and interconnection or permission-to-operate process. Also confirm insurance coverage, financing terms, tax or incentive eligibility, equipment placement, roof ownership, and responsibility for future removal.
Practical next steps
- Obtain the declaration, bylaws, plat, roof and limited-common-element designations, current solar rules, and maintenance responsibilities.
- Ask the association to identify the exact provision supporting each requested condition and to state whether the location is a common or limited common element.
- Submit the system layout, equipment details, licensed contractor information, structural and roof-warranty information, insurance evidence, and proposed maintenance plan in writing.
- Apply separately for local permits and request the serving utility's current interconnection requirements.
- Keep the written approval, registration, insurance certificate, permit, inspection, utility, warranty, and removal records.
Official sources
The controlling sources are Hawaii Revised Statutes §196-7(a)-(f), Placement of solar energy devices, and Hawaii Revised Statutes §514B-140(a)-(c), Additions to and alterations of condominium. They were checked on September 4, 2026. The current text should be read with the property's recorded documents and local and utility requirements.
Before work begins, confirm the exact roof or property designation, current code and utility requirements, association conditions, insurance, and warranty consequences. Use the correction link below if a source, section, or statement changes.
Records and documents checklist
- Keep the declaration, bylaws, current HOA rule, plat, roof-maintenance designation, and any limited-common-element description.
- Keep the array layout, equipment specifications, contractor license information, structural details, and roof-warranty instructions.
- Keep the association application, proof of delivery, written conditions or denial, and any registration record.
- Keep the local permit and inspection records, utility correspondence, insurance certificate, and permission-to-operate record.
Official sources
| Authority | Source | Relevant section | Checked |
|---|---|---|---|
| Hawaii Legislature | Hawaii Revised Statutes §196-7, Placement of solar energy devices | § 196-7(a)-(f) | 2026-09-04 |
| Hawaii Legislature | Hawaii Revised Statutes §514B-140, Additions to and alterations of condominium | § 514B-140(a)-(c) | 2026-09-04 |
Verification and next review
Verified against the official sources listed above on 2026-09-04. Next scheduled review: 2026-10-04.
A rule change, agency update, or correction report can trigger an earlier review.
Article changelog
- 2026-08-18 — Initial publication. (First release of the guide.)
- 2026-09-04 — Corrected the answer and replaced portal references with HRS §§196-7 and 514B-140. (The prior page omitted an applicable statewide solar-device protection and did not distinguish dwelling, townhouse, condominium, common-element, and limited-common-element situations.)
Frequently asked questions
Does §196-7 mean an HOA must accept every rooftop-solar design?
No. The statute requires facilitation but allows conditions within the statutory limits. A private entity may require compliance with design specifications, a licensed contractor, registration, and insurance in the circumstances described by §196-7.
What happens if the panels would be on a common element or limited common element?
The owner must first obtain the private entity's consent. The statute addresses written design compliance, licensed installation, insurance naming the private entity as an additional insured, responsibility for damage and maintenance, removal when reasonably necessary, and roof-warranty coordination.
Does this page cover a condominium unit?
A condominium unit is not treated exactly like an owned single-family dwelling or townhouse. HRS §514B-140(c)(1) says a condominium-unit owner's solar installation requires written board consent, while subsection (c)(2) points single-family dwellings and townhouses to §196-7. Confirm the unit, roof, and appurtenant-area designation in the declaration.
Does HOA protection replace a permit or utility approval?
No. Local building, electrical, structural, fire, and zoning requirements and the serving utility's interconnection or permission-to-operate process are separate decisions.