Can a Utah HOA restrict rooftop solar?

First identify which association law applies

Utah Code §57-8a-102(2)(b) excludes associations created under the Condominium Ownership Act from the community-association definition. Read the declaration and condominium plat before choosing a route. The building’s appearance or the word “townhouse” alone does not identify its legal form.

Community associations: check the documents before the design limits

Start with the declaration. Under §57-8a-701(2), governing documents other than a declaration cannot prohibit solar on a qualifying dwelling. A declaration prohibition therefore needs separate treatment. Subsection (3) sets member-vote requirements for adding a solar prohibition or amending an existing detached-dwelling prohibition; a board rule is not a substitute for that process.

Check the restriction’s date and developer control. Under §57-8a-703, Part 7 does not apply to an express prohibition or restriction in a declaration recorded before January 1, 2017, or created by official association action before that date. It also does not apply during the period of administrative control. Keep the dated declaration and action with the application.

Check the dwelling. A detached dwelling qualifies under §57-8a-701(1) only if the association has no ownership interest in its roof. An attached dwelling qualifies under (2)(a)(ii) only if the association has no ownership interest and no maintenance, repair, or replacement obligation in the roof or building exterior, and all lot owners with attached dwellings in the building agree to the installation.

What a qualifying community association may still require

Under §57-8a-701(4), the declaration or rules may require applicable safety, building, and equipment standards; specified roofline, color/texture, or ground-mounted visibility conditions; reasonable application-review costs; and the section’s enforcement-cost and recorded indemnity provisions.

For a size, location, or placement restriction under (4)(e), both tests must be satisfied: production decreases by 5% or less, and installation cost increases by 5% or less, compared with the unrestricted system. Ask the installer for both comparisons. This design test does not erase the declaration, grandfathering, administrative-control, or dwelling limits above.

Condominium associations: establish the roof rights separately

Do not carry the Chapter 8a percentages into a condominium application. §57-8-7 addresses undivided interests in common areas and use that does not hinder other owners’ lawful rights. §57-8-9 separately addresses work affecting building soundness, safety, property value, easements, and material structures.

For condo solar, identify whether the roof is part of the unit, a limited common area, or a general common area. Check the declaration, plat, required consents, structural design, roof-maintenance agreement, and access for repair. These provisions do not by themselves establish an individual solar installation entitlement on a shared roof. Obtain an approval that actually covers the proposed alteration and location.

What to do next

Prepare a roof or site plan and gather the declaration, dated solar restrictions, control-period documents, and ownership/maintenance allocation. For an eligible attached dwelling, obtain the other lot owners’ agreement. Ask the association to identify the exact provision behind any prohibition or design condition, and keep its written response with the installer’s cost and production comparisons. Apply separately for local permits and utility connection.

Official source

• Utah Code Title 57: §§57-8a-102(2), 57-8a-701, 57-8a-703, 57-8-7, and 57-8-9. Section 57-8a-701 includes the 2025 chapter 207 amendment.