Ohio HOA Solar Panels

Ohio HOA Solar Rules (SB 61)

Senate Bill 61 (134th General Assembly), effective September 13, 2022, added solar-device sections to Ohio planned-community and condominium law. They do not create an absolute statewide ban on HOA solar restrictions. They set a default: unless the recorded declaration specifically prohibits solar energy collection devices, a qualifying owner may install them — and the association may still adopt reasonable restrictions on size, place, and manner of placement.

This is general information, not legal advice.

Solar energy collection device means equipment manufactured and sold for collecting and beneficially using solar energy, including photovoltaic apparatus (ORC 5311.192(C)(2)).

This is general information, not legal advice.

Planned Communities — ORC 5312.16

Unless solar is specifically prohibited in the declaration, an owner may install a device on the dwelling or elsewhere on the owner lot if either:

• The cost to insure, maintain, repair, and replace the roof (or alternate location) is the owner responsibility — not a common expense of the association; or
• The declaration specifically allows and regulates solar devices and assigns insurance, maintenance, repair, and replacement responsibility.

Even then, the owners association may establish reasonable restrictions concerning size, place, and manner of placement. Before damage charges or enforcement assessments, the board must give written notice that includes a hearing right (ORC 5312.16(C)).

Condominiums — ORC 5311.192

Condo rules are parallel, with an extra limit: only a solar appropriate unit qualifies — a unit with no other condominium units directly above or below it. Installation is on the roof of that unit when the statutory conditions are met.

A recorded declaration can still specifically prohibit solar. If it does not, the unit owners association may still set reasonable size, place, and manner rules. Mid-rise stacked units often fall outside solar appropriate.

Practical Steps Before You Sign a Solar Contract

1. Read the recorded declaration — not only a handbook or board email. Look for an express solar prohibition.
2. Collect architectural / design guidelines on size, placement, screening, and color if the association has them.
3. Confirm roof responsibility — owner vs common expense. That drives whether ORC 5312.16 / 5311.192 first pathway applies.
4. Submit the association application package with the same plan set your installer will use for city permits and utility interconnection.
5. Keep city permits and utility interconnection on the critical path. HOA approval does not replace a building/electrical permit or Permission to Operate. See Ohio solar permits and Ohio solar interconnection.

Solar Brokers has helped Ohio homeowners navigate association paperwork since 2013. We still start with your bill, roof, and utility — then the declaration. Options comparison: cash, loan, PPA, or Propel.

Ohio HOA Solar — FAQs

Can my Ohio HOA ban solar panels?

Yes — if the recorded declaration specifically prohibits solar energy collection devices. If the declaration is silent, Ohio law generally allows installation subject to reasonable size, place, and manner rules (and the roof-responsibility tests in the statutes).

Can the board ban solar by voting on a new rule alone?

ORC 5312.16 and 5311.192 key off what the declaration says. A board policy that conflicts with a silent (non-prohibiting) declaration is not the same as a recorded declaration prohibition. Have your declaration reviewed; we are not your HOA attorney.

Do condo owners have the same rights?

Similar structure, but only solar-appropriate units (no units directly above or below) qualify under ORC 5311.192.

Does HOA approval replace city permits?

No. You still need local building/electrical approvals and utility interconnection. Start with Ohio solar permits.

Sources

• Ohio Revised Code 5312.16 — planned community solar devices
• Ohio Revised Code 5311.192 — condominium solar devices
• Ohio LSC — Solar panels in planned communities and condominium properties

Last reviewed: September 2026.