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Virginia Balcony Solar

Attorney General opinion narrows HOA authority to block plug-in solar

A formal opinion issued by the Office of the Attorney General clarifies that HOAs cannot indirectly ban compliant plug-in systems by invoking architectural review powers.

Updated May 2, 2026 5 min read
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What happened

On April 30, the Office of the Attorney General released a formal opinion in response to a request from the patron of HB 395. The question: may a homeowners association or condominium association use its architectural review authority to refuse a plug-in solar system that otherwise complies with HB 395?

The opinion's answer: no, not when the refusal amounts to an indirect prohibition. Aesthetic review remains permissible; aesthetic review used as a proxy for a categorical ban does not.

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An association's architectural review authority does not extend to withholding approval of a system whose only feature the association objects to is the fact that it is a plug-in solar system.

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— Office of the Attorney General, formal opinion 26-014

The loophole the opinion closes

Between HB 395's passage in 2024 and this opinion, several HOAs adopted a workaround: instead of banning plug-in solar directly (which the statute clearly forbids), they invoked general "architectural harmony" or "visible from the street" clauses to refuse individual installations one by one. The effect was a de facto ban with a paper trail of individualized denials.

The AG's opinion holds that pattern violates § 67-701. When the stated aesthetic objection reduces to "plug-in solar is visible," the review is not aesthetic — it is categorical, and categorical bans are what the statute forecloses.

What HOAs can still regulate

The opinion is careful to preserve associations' legitimate design authority. HOAs may still:

  • Require the panel be mounted below the balcony railing line, if the standard applies uniformly to other balcony fixtures
  • Specify neutral cable colors or require conduit for exposed runs
  • Set reasonable setbacks from shared walls
  • Require a one-time architectural review submission (but must approve if the system meets neutral standards)

Practical effect for owners

AG opinions are not binding on Virginia courts, but they carry substantial weight — particularly when interpreting a statute the AG's office was involved in drafting. Owners whose HOAs have refused plug-in systems on aesthetic grounds since 2024 now have a much stronger position in any dispute.

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