Can a Maryland HOA restrict rooftop solar?

The short answer

Yes, but not without limits. Maryland Real Property § 2-119 says a “restriction on use”—a category that expressly includes a deed, declaration, contract, condominium or homeowners-association bylaws or rules, security instrument, or other instrument affecting an interest in real property—may not impose an unreasonable limitation on installing a solar collector system on the roof or exterior walls of an improvement when the property owner owns that area or has the right to use it exclusively. The statute defines a solar collector system broadly enough to cover equipment used for electricity generation, space heating, space cooling, or water heating. See the current Maryland General Assembly text of Real Property § 2-119.

That is not a blanket “right to solar” on every roof. The answer turns first on ownership or exclusive use, then on whether the proposal is on a private roof, a shared condominium roof, or another common area. It also remains subject to local permitting, utility procedures, recorded documents, and the historic-property exception.

The statewide Maryland test

The current numerical standard comes from 2025 Maryland Laws, Chapter 517 (House Bill 4). The Governor approved the law on May 13, 2025, and it took effect October 1, 2025. For a particular proposal on an owner’s roof or exclusively used exterior wall, a restriction is unreasonable if applying it:

• increases the installation cost by at least 5% over the projected cost of the initially proposed installation; or
• reduces the energy generated by at least 10% below the projected energy generation of the initially proposed installation.

The comparison is proposal-specific. It is not a general finding that every aesthetic rule is unlawful, and it is not a promise that the owner may ignore structural, electrical, fire, zoning, or utility requirements. The 2025 amendment replaced the former “significantly increases” and “significantly decreases” wording with these 5% and 10% benchmarks. If an application, denial, or construction decision predates October 1, 2025, obtain advice about which version of the law applies rather than assuming the current wording resolves the dispute.

The owner also carries an evidence obligation. To show that a restriction is unreasonable, the owner must provide documentation satisfactory to the community association. The documentation must be prepared by an independent solar panel design specialist who is either certified by the North American Board of Certified Energy Practitioners (NABCEP) or has attested by affidavit to designing at least 30 solar collector systems in the course of trade during the prior three years.

Property type and common-roof differences

For a detached house or fee-simple townhome in an HOA, the protection is strongest when the owner owns the roof or has exclusive use of it. The HOA may review the proposal under its documents, but a condition that crosses the statutory 5% cost or 10% energy threshold can be challenged with the required specialist documentation.

A condominium needs a closer property-interest review. A roof may be a common element even though the unit owner owns the unit. If the proposed panels would occupy a common roof or another common area/common element, § 2-119(b)(4) gives the community association authority to prohibit or restrict the installation. It may impose reasonable restrictions addressing the system’s number, size, place, or manner of placement or installation. Those common-area rules are not the same as the 5%/10% test for a roof the owner owns or exclusively uses. An exclusive-use roof or exterior wall may present a different analysis, but the declaration and plat should be checked rather than assumed.

The 2025 law also says that, notwithstanding governing documents and provided the installation is not otherwise prohibited by applicable law, the association’s board has discretion to install a solar collector system in common areas or common elements. That provision concerns an association’s own installation authority; it does not automatically give one resident the right to occupy shared roof space.

Renters, apartment residents, and many cooperative occupants should not treat the statute as personal installation permission. The text is keyed to a property owner who owns or exclusively uses the roof or exterior walls. A tenant must obtain the owner’s authorization and review the lease, proprietary lease, association rules, roof designation, insurance terms, and any shared-building constraints. Ground-mounted systems, shared parking canopies, and equipment placed on land other than a protected roof or exterior wall also require separate analysis.

Historic property, sunlight, permits, and utilities

Section 2-119 does not apply to a restriction on use on historic property listed in, or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historic Properties. A local historic label and the Maryland Register language are not necessarily interchangeable, so confirm the designation with the appropriate preservation authority before relying on the solar restriction limits.

A private solar-rights analysis does not issue a permit. The Maryland Energy Administration’s SolarAPP+ page identifies Maryland counties, cities, towns, and other authorities having jurisdiction over residential solar permitting and describes the State’s requirement for automated solar permitting and plan review software by August 1, 2027. Ask the local authority having jurisdiction which building, electrical, structural, fire, zoning, or historic-preservation review applies to the actual design.

For a grid-connected system, ask the serving electric utility about interconnection, meter configuration, inspections, and net-energy-metering terms. MEA explains that net-energy metering can provide credits for excess electricity sent to the grid and that Maryland’s Solar Renewable Energy Credit program is administered by the Public Service Commission in its Onsite Solar & Storage information. Those utility and program steps are separate from HOA review. If applying for the Maryland Solar Access Program, check the current program year: MEA’s FY27 page states that an upfront reservation must be approved before installation and that the payment request follows installation and interconnection.

Maryland also permits a property owner to negotiate a written solar easement. The instrument must describe measurable dimensions or sunlight hours, identify restrictions on vegetation and structures, state revision or termination terms, and be recorded in the county land records.

A practical Maryland record checklist

Before submitting an HOA or condominium application, obtain the declaration, bylaws, current rules, plat, and any roof or exclusive-use designation. Have the installer identify the initial projected cost and energy generation in writing. If the association proposes a different layout, obtain the revised cost and generation figures so the two proposals can be compared. Keep the specialist report, NABCEP proof or affidavit, application and attachments, proof of delivery, meeting minutes, written conditions, and written decision.

Separately retain local permit and inspection records, utility interconnection and net-metering correspondence, contractor and insurance documents, financing and incentive records, warranties, photographs, and any agreement allocating maintenance, roof repair, removal, or restoration. Keep the recorded solar easement if one is negotiated.

Official sources

• Maryland General Assembly — Real Property § 2-119
• 2025 Maryland Laws, Chapter 517 — House Bill 4
• Maryland Energy Administration — Promoting Renewable Energy
• Maryland Energy Administration — Onsite Solar & Storage
• Maryland Energy Administration — SolarAPP+ Implementation Grant Program
• Maryland Solar Access Program