Solar Panel Restrictions in Homeowners Associations Amendments
Summary
HB 119 amends the Utah Community Association Act to limit how homeowners associations (HOAs) can regulate solar energy systems. The bill provides that, for qualifying lots, governing documents other than a declaration may not prohibit a property owner from installing a solar energy system. It also allows associations to regulate solar installations through declarations or association rules, and it preserves the ability to impose certain non-prohibitive restrictions on the size, location, or manner of placement of solar equipment.
The bill distinguishes between detached dwellings and attached dwellings. For detached dwellings, an HOA may not newly impose a solar prohibition in a declaration unless approved by at least 67% of allocated voting interests, and an existing prohibition may be amended by a 51% vote. For attached dwellings, solar installation is allowed only when the association lacks ownership and maintenance responsibility for the roof or exterior and all affected lot owners agree. The bill also permits associations to require compliance with health, safety, building, electrical, and certification standards, and to charge reasonable review costs or enforce deed-based indemnity provisions in connection with solar installations.
Impact
HB 119 changes state law governing community associations by narrowing the circumstances under which HOAs may block solar panel installation and by specifying the types of restrictions they may still impose. It amends Utah Code section 57-8a-701 and affects homeowners, condominium-style owners, and association boards by shifting authority away from blanket prohibitions and toward limited, standards-based regulation. The bill takes effect May 7, 2025.
Sentiment
The bill appears to have generally favorable support in the Legislature, passing both chambers after favorable committee recommendations. The House passed it 42-31 and the Senate passed it 19-10, indicating meaningful support but not unanimity. The votes suggest the measure was viewed positively overall, though with a notable minority opposed.
Contention
The main point of contention is the balance between property owners’ ability to install solar panels and HOAs’ authority to control the appearance, placement, and administration of improvements in common-interest communities. Supporters likely favored protecting solar access and reducing HOA barriers, while opponents appear to have been concerned about preserving association control, architectural consistency, and enforcement authority. The bill’s allowance for certain restrictions, fee recovery, and deed restrictions reflects an attempt to compromise between these competing interests.