We have written about what an Oregon HOA can and cannot do. Washington homeowners ask the same question just as often, and the answer is just as favourable. It simply sits in a different statute.
Can a Washington HOA prohibit solar panels?
No. Under RCW 64.38.055, an association’s governing documents may not prohibit an owner or resident from installing a solar energy panel on their own property. Any rule that conflicts is void and unenforceable, the statute took effect in July 2009 and applies retroactively, so an older set of CC&Rs banning solar does not survive it.
That is the headline, and it is worth knowing before you start a conversation with a board that thinks otherwise.
What restrictions is an association still allowed to impose?
Quite a few, and they are mostly about appearance. The statute permits an association to require:
- That roof-mounted panels do not extend above the roofline
- That panels on a street-facing slope conform to the slope of the roof, with the top edge parallel to the ridge
- That frames, brackets and visible wiring are painted to match the roofing material
- That ground-mounted arrays are screened, provided the screening does not cut efficiency by more than 10%
- That the owner indemnifies the association for damage arising from the installation
- Other reasonable rules about placement and manner of installation
None of those is a prohibition, and all of them are things a competent installer designs around routinely. All-black modules, panels kept off the most visible plane where production allows, conduit run out of sight. That is standard practice for us, not a concession.
What the statute does not cover
One important limit: the protection applies to the owner’s or resident’s own property. It does not extend to common areas. If you live in a condominium where the roof is a common element belonging to the association, the roof is not yours to commission work on, and the route is a proposal to the board rather than a statutory right.
That distinction catches people out, and it is worth establishing which situation you are in before anything else happens.
How do you get an approval through smoothly?
Boards say no to vagueness far more often than they say no to solar. What works is giving them something specific to approve:
- A layout drawing showing exactly which planes carry panels
- Elevations or a photo simulation from the street
- The equipment list, with black-frame modules where appearance is a concern
- A note on how conduit is routed and where equipment is mounted
- Confirmation that the installer is licensed and insured, and who carries the liability
We prepare that package as a matter of course. It is a one-page conversation rather than an argument, and in our experience it is what turns a hesitant board into an approving one.
What if the board refuses anyway?
Start by putting the statute in front of them in writing, most refusals come from an out-of-date understanding rather than an intent to break the law. If that does not resolve it, this becomes a legal question rather than a solar question, and you want an attorney familiar with Washington community association law rather than advice from your installer.
What we can do is make sure the design gives the board nothing legitimate to object to.
Frequently Asked Questions
Can my HOA stop me installing solar panels in Washington?
No. RCW 64.38.055 states that governing documents may not prohibit an owner or resident from installing solar on their own property, and conflicting rules are void. The statute applies retroactively to older CC&Rs.
What rules can a Washington HOA still enforce about solar?
Appearance and placement conditions, panels not extending above the roofline, street-facing panels conforming to the roof slope, painted frames and visible wiring, screening for ground mounts that does not cut efficiency by more than 10%, and indemnification.
Does the law apply to condominium roofs?
No. The protection covers the owner’s or resident’s own property, not common areas. Where the roof is a common element owned by the association, the route is a proposal to the board rather than a statutory right.
How do I get HOA approval for solar?
Give the board something specific to approve: a layout drawing, a street-view simulation, the equipment list with black-frame modules, the conduit routing, and proof of licensing and insurance. We prepare that package as standard.
What if my HOA refuses anyway?
Put the statute in front of them in writing first, most refusals reflect an out-of-date understanding. If it is not resolved, that becomes a matter for an attorney familiar with Washington community association law.
Dealing with a board?
Call 360-313-7190 and we will put together the submission package. Sunbridge Solar serves Camas, Washougal, Vancouver, Portland and the Columbia River Gorge.
