Indiana · Solar and solar access
Can an Indiana HOA restrict rooftop solar?
Direct answer
Indiana has a conditional solar petition process, not a universal ban on HOA restrictions. First check whether the HOA is covered by the statute and when the system was approved or installed. If the chapter applies, a qualifying owner can gather the required member signatures and submit the proposal, subject to the statute’s location, design, and warranty exceptions.
A conditional HOA solar route that depends on association applicability, system dates, petition compliance, and statutory design exceptions.
Obtain association formation and any opt-in records, the declaration and amendments, and system approval or installation dates.
Check the solar plan against the statutory exceptions and local permit and utility requirements.
This guide does not establish a condominium common-roof right or a universal right for associations outside the statute.
Follow the applicability and petition decision tree
1. Is the HOA covered? Indiana Code §32-25.5-1-1 generally covers associations established after June 30, 2009 that can impose mandatory dues. An older association needs the member election described in subsection (a)(2). Some other HOA provisions apply regardless of age, but that does not automatically extend the solar chapter. Obtain the formation and opt-in records before relying on the petition route.
2. Was the system already approved or installed before March 14, 2022? If so, §32-25.5-3.5-1 excludes that system from this chapter. Preserve any existing approval and its conditions. This is a system-date test, not a statement that every covenant written before that date is valid or every later restriction is void.
3. Do the governing documents restrict solar, or has the board or architectural committee denied it for a reason outside the statutory exceptions? If the chapter applies, §32-25.5-3.5-4(a)–(b) offers a member-petition route. Give members the site plan, boundaries, dwelling description, system color, screening for a non-roof installation, vendor and installer, and plans/specifications if requested.
4. Can you meet the signature requirement? Under §4(c), obtain at least the number of signatures needed to amend the covenants or other governing documents, or 65% of association members, whichever is less. Apply governing-document voting rights and restrictions based on the number of lots owned. Submit the signatures and the information given to members to the board. Under §4(d), the board or architectural committee may not deny a compliant request after the required signatures are obtained.
5. Does the design trigger an exception? The petition does not erase the permitted restrictions in §5(b). Check court findings of illegality or danger; association-owned or maintained property; common property; permitted roof or fenced-yard/patio locations; roof projection, slope/top-edge, and finish requirements; association-maintained roofs; fence height; material warranties; and significant departures from the plan presented. Obtain a written decision identifying the actual exception.
Why association age comes first
In McCusker v. Kingsmill HOA, the Court of Appeals applied the article’s association-age rule before the solar chapter. Its February 2026 memorandum decision is not binding precedent, but it illustrates the risk of skipping the applicability inquiry. The creation date of the association and any election into the act are different questions from the date a covenant was written.
What to do next
Ask for the formation/opt-in records and all solar restrictions. Match the system and dates to the decision tree, then prepare the petition packet if that route applies. Keep member-voting calculations and proof of submission. Resolve permits, structural and electrical requirements, and utility interconnection separately; neither signatures nor association approval authorize work outside your property rights.
Sources
- Indiana Code, including the July 2026 amendments, reproduced by Kaman & Cusimano: §§32-25.5-1-1 and 32-25.5-3.5-1 through -5. The official Indiana Code portal is also available.
- Indiana Court of Appeals: McCusker memorandum decision, paragraphs 12–18.
Records and documents checklist
- Association formation, mandatory-dues authority, and any member election into the HOA Act.
- Recorded declaration and amendments, existing solar approval, and installation date.
- Site plan, property boundaries, dwelling description, colors, ground-system screening, vendor, and installer.
- Petition signatures, voting-right calculations, and the materials supplied to members.
- Submitted plans, written decision, warranties, and local/utility approvals.
Official sources
| Authority | Source | Relevant section | Checked |
|---|---|---|---|
| Indiana General Assembly; reproduced by Kaman & Cusimano | Indiana Code §§32-25.5-1-1 and 32-25.5-3.5: statutory republication | §32-25.5-1-1, §32-25.5-3.5-1 through -5 | 2026-09-14 |
| Indiana Court of Appeals | McCusker v. Kingsmill HOA, memorandum decision, February 20, 2026 | Paragraphs 12–18; nonbinding memorandum decision | 2026-09-14 |
Source-check date
Official sources checked 2026-09-14.
Article changelog
- 2026-09-14 — Added an applicability, system-date, and member-petition decision tree. (Clarified the applicable rule, exceptions, and next steps.)
- 2026-08-18 — Rewritten from the guide-specific official official source records. (Substantive reader-focused rewrite; state, property, authority, exception, and records scope were made explicit.)
Frequently asked questions
Does a recent solar restriction automatically become invalid?
No. Check association applicability, the system-date exclusion, the petition route, and the enumerated exceptions. The cited chapter does not supply a universal covenant-adoption-date shortcut.
How many petition signatures are needed?
Under §32-25.5-3.5-4(c), at least the number needed to amend the governing documents or 65% of the members, whichever is less. Governing-document voting restrictions based on lots owned also apply.
Does a petition remove every design restriction?
No. Match the proposal to §32-25.5-3.5-5, including association-maintained roofs, common property, location, roof design, warranties, and material changes to the submitted plan.