HOA authority under HB 395, step by step
Homeowners' and condo associations keep most of their architectural review powers under HB 395 — but the ability to ban plug-in solar outright is not one of them.
Two laws stacked on each other
HOA authority over solar in Virginia now rests on two statutes: the Solar Rights Act (Va. Code § 67-701), on the books since 2020, and HB 395's 2027 amendments. The Solar Rights Act already limits HOA prohibitions on rooftop solar. HB 395 extends comparable protection down to plug-in systems that meet its technical specs.
What HOAs may still regulate
| Regulation | Allowed? | Why |
|---|---|---|
| Mounting hardware type | Yes | Structural / load concerns are legitimate. |
| Panel color (within a range) | Yes, if reasonable | Aesthetic review is preserved. |
| Placement on the balcony (interior vs. railing) | Sometimes | Must not eliminate solar exposure. |
| Cable routing across common areas | Yes | Common-element rules still apply. |
| Requiring proof of UL 3700 | Yes | Directly tied to HB 395 compliance. |
| Requiring the system be removed on unit sale | No | Would defeat the statutory right. |
What HOAs can no longer do
- Impose a flat "no exterior solar equipment" rule.
- Require aesthetic screening that costs more than the system itself.
- Require an association-appointed contractor.
- Charge a "solar review fee" not tied to actual review costs.
Impose conditions that reduce the system's rated output by more than a de minimis amount.
How enforcement actually plays out
The Solar Rights Act creates a private right of action. HB 395 folds plug-in systems into that same framework. In practice, disputes go through three stages:
- Written response to the board denying that the covenant applies.
- Mediation, if the association's declaration requires it.
Circuit court action for declaratory judgment and, in some cases, attorneys' fees under the Solar Rights Act.
What to submit to your board
Even where the law is on your side, a clean submission avoids friction:
- Cover letter citing HB 395 and § 67-701.
- Datasheet for the panel(s) and microinverter.
- UL 3700 certificate.
- A dimensioned sketch of the mounting on your balcony or patio.
- Confirmation the system will not penetrate common elements.
See historic districts for the one class of restrictions HB 395 does not override.
Related Reading
- For unit owners in multi-story buildings, see our analysis of condominium master deed instruments.
- Read how state legal officers interpret § 67-701.1 in our report on the formal Attorney General opinion on HOA enforcement limits.
- Understand how courts evaluate HOA conditions in our guide to legal standards for reasonable restrictions.
Stay updated on Virginia balcony solar
Get notified when the State Corporation Commission issues new HB 395 regulations, forms, or legal updates.
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