On June 14, 2022, the Ohio Legislature passed, and Gov. Mike Dewine signed into law Senate Bill 61 (SB 61). This bill will protect homeowners from unfair restrictions on solar installations. This is excellent news for all homeowners who live in communities governed by Homeowners Associations (HOAs).

SB 61 went into effect on September 13, 2022.

Homeowners Association & Solar Installation

Across Ohio, some neighborhoods are governed by HOAs. Historically, HOAs rely on restrictive rules that guide their decision-making. HOA rules oversee how property in a neighborhood is used and styled. Ultimately, these rules exist to maintain uniform aesthetics in a neighborhood.

Until 2022, the law in Ohio allowed HOAs to restrict solar access for homeowners.

Often, we find that HOAs do not have rules that govern solar, so it falls on the HOA board to evaluate requests. Once an HOA makes a decision, the decision affects not only the resident who has brought their desire to go solar forward but can affect future rules for residents who wish to go solar.

Understanding SB 61

Under the new law, solar panel installations are allowable in HOA-governed areas unless specifically regulated in the bylaws or deeds.

After the passing of SB 61, HOAs are still able to “establish reasonable restrictions” on solar panels in their bylaws. So, there is still some wiggle room for HOAs to maintain solar restrictions. However, modifications to bylaws often entails obtaining approval from 75% of homeowners in the neighborhood.

So, unless specifically regulated or new bylaws are passed, homeowners are allowed to install solar.

According to a quote from Ohio Sen. Nickie Antonio, one of the representatives who introduced the bill, published in an article from Energy News US:

“The whole tenor and intention of the bill is to make things possible,” Antonio said. There needs to be some “wiggle room” to cover unforeseen circumstances or future developments, she said. But the expectation is that associations will “have rational discussions and not automatically ban solar.”

Ohio SB 61 Next Steps…

SB 61 took effect on September 13, 2022.

Please reach out if you belong to an HOA or sit on your community’s HOA board. We have knowledgeable team members ready to present, answer questions, and help guide discussions about solar energy.

Fill out the form below for a free solar evaluation, or to request a conversation with one of our knowledgeable solar experts.

We look forward to talking with Ohio homeowners and Home Owner’s Associations alike to help them understand what solar installations may look like at their homes and in their communities.

sample solar Home Owners Associations explination letter

CAN MY HOA PREVENT ME FROM INSTALLING SOLAR PANELS? 

In Ohio, the first step to answer this question is to understand if your HOA bylaws or deeds currently have explicit regulations about solar panels. If they do already have rules in the bylaws or deeds, those will be the standing rules. However, if your HOA does not have standing rules regulating solar installations, under HB61, you should be able to proceed with your solar installation. 

CAN A HOA LEGALLY BLOCK THE INSTALLATION OF SOLAR PANELS IN OHIO?

The 2022 SB61 law in Ohio says that solar panel installations are allowable in HOA-governed areas unless specifically regulated in the bylaws or deeds. If solar panel installations are not specifically regulated in the bylaws or deeds, an HOA cannot block the installation of solar panels

TIME ALLOWED FOR HOA APPROVAL OF SOLAR INSTALLATION

The Kokosing Solar permitting team often finds that, if permitting is required through your HOA, the process can take anywhere from 3-6 weeks. 

About Us

Kokosing Solar has been designing, building, and financing clean energy solutions for residential & commercial clients across the Midwest since 2000. We bring more than 24 years of solar installation experience as Ohio’s longest-standing full-service solar installer. In 2022 we became Kokosing Solar and are strengthened by the 74 years of experience of Kokosing, Inc., one of the largest family-owned construction companies in the Midwest and Mid-Atlantic. We serve residential and commercial clients in Cleveland, Cincinnati, Columbus, and beyond. We are a fully insured and licensed Electrical Contractor committed to delivering safe, high-performance systems with top-notch customer service.