Can HOA Force Removal of Solar Panels?

This case involved a dispute between the owners of a home located within a common interest community (“Owners”) and their homeowners association (“Association”) over Owners’ right to install solar panels on the front portion of the roof of their home that was clearly visible from the street. Owners installed the solar panels without having first obtained approval from Association’s Architectural Review Committee (“ARC”) and subsequently refused to relocate the panels as directed by Association, thereby prompting Association to file suit against Owners.

Association’s Declaration provides for architectural control in the ARC which is vested with the right to refuse to approve any plans for improvements which are not, in its sole discretion, suitable for the Properties, including: “(i) lack of harmony of external design with surrounding structures and environment; and (ii) aesthetic reasons.” Owners disregarded a requirement in the Declaration for approval of the installation of the solar panels on the front portion of the roof of their home. After the panels were installed, Association notified Owners of the violation and requested the submittal of a proper request form to the ARC. Owners then submitted the application which was denied by Association based on the ARC’s right to refuse to approve requested improvements which, in the ARC’s sole discretion, create aesthetic problems. In denying Owners’ request, Association’s board informed Owners that the denial was because the installation could be seen from the road in front of the home and could not be shielded.

Owners appealed Association’s denial of their application contending: