Can an HOA restrict skylights or solar tubes?
Reviewed by the OurHOA team · Updated June 2026
Whether an HOA can regulate skylights and tubular daylighting devices, why roof penetrations draw architectural review, and where solar-access laws do and don't protect daylighting.
The short answer
In most communities, yes - adding a skylight or a tubular daylighting device (a 'solar tube' or sun tunnel) is an exterior alteration that punches through the roof, so it's almost always subject to the association's architectural review. That doesn't mean the HOA can flatly ban daylighting on a whim, but it can generally require you to apply for approval first and can set reasonable conditions on how the device looks and where it goes. The key point most owners miss is that, despite the name, a 'solar tube' that only carries daylight usually isn't protected the way solar panels are.
Why roof penetrations draw scrutiny
Skylights and solar tubes are visible from outside and cut into the roof, which is exactly the kind of change architectural committees exist to review. Boards worry about consistency of roof appearance, the color and profile of the dome or flashing, water-intrusion risk from a bad install, and - in a condo or townhome - whether the roof is even yours to alter. So a typical architectural standard will ask that the device be a low-profile, neutral or matching color, professionally flashed, and limited to less-visible roof planes. Our guide on the HOA architectural review process explains how these applications are evaluated, and the guide on whether an HOA can require a specific roof or roofing material covers the related roof-appearance authority.
Where solar-access laws reach - and where they don't
This is the decisive distinction. Many states have solar-access statutes that sharply limit an HOA's power to restrict solar energy systems - California's Solar Rights Act (Civil Code section 714) and Florida Statutes section 163.04 are leading examples. But those laws protect devices that produce energy - photovoltaic panels and solar thermal collectors that heat water or air. A passive skylight or a tubular daylighting device that simply admits sunlight generally produces no energy and typically falls outside the statutory definition of a protected 'solar energy system.' The practical result: solar panels get strong legal protection, while a daylighting tube is usually treated as an ordinary architectural change the HOA may reasonably regulate. Our guide on whether an HOA can ban solar panels covers the energy-producing devices that do get that protection. (Some solar tubes include a small photovoltaic-powered fan or light kit - if energy generation is part of the device, the analysis can shift, so it's worth checking your state's exact definition.)
Condo and townhome roofs are different
If you own a single-family home, the roof is usually yours and the fight is over appearance and approval. In a condominium or many townhome setups, the roof is a common element the association owns and maintains - which means you often can't cut into it at all without the board's permission, and the board may decline simply to protect the building envelope and its warranty. Check whether your roof is your responsibility or the HOA's before you plan an install; that single fact changes who decides and who is liable if the penetration ever leaks.
How to get to yes
Treat it as a normal architectural request. Submit your application before you cut anything: include the product spec sheet, the exact roof location, the dome color and size, and a note that a licensed contractor will flash it to code. Many architectural provisions also run on a clock - California Civil Code section 4765, for instance, requires associations to decide architectural applications in a fair, reasonable, good-faith manner and to give written reasons for a denial. A well-documented, low-visibility request that matches the roof is hard to refuse for a legitimate reason, and approval in writing protects you if questions come up later. If you're turned down, our guide on whether an HOA can deny an architectural request explains your appeal options.
How OurHOA helps
Daylighting requests go smoothly when the standards are clear and the review is consistent. OurHOA helps self-managed boards publish their architectural guidelines, take applications with photos and product details, and track each decision and its written reasons against the approval deadline - so owners know what to submit, committees apply the same rule to everyone, and an approved skylight or solar tube is documented for the next buyer and the next board.
OurHOA is the friendly, affordable way self-managed communities keep dues, records, and reminders in one place. See how it works.
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.