How should our HOA board review an owner's request for solar panels on a roof the association maintains?

By OurHOA · General information · Revised October 20, 2026

How an HOA board reviews solar on a townhome or condo roof the association maintains or owns: TX, FL and CO rules, roof warranty, a recorded agreement and a timeline.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

Start with two facts: who owns the roof, and who maintains it. Those decide how much say the board has. In Texas, Property Code section 202.010(d)(2) and (3) let an association prohibit a solar device on property the association owns or maintains, or that the members own in common, so a board that maintains townhome roofs can refuse. In Colorado, C.R.S. 38-30-168(3)(d) says the solar statute gives no owner a right to put a device on a general or limited common element. Florida is different. Section 163.04(2) says an owner may not be denied permission to install solar on a building on the owner's lot or within the boundaries of a condominium unit, and the statute's text has no exception for roofs the association maintains. Where the board can say no, it usually does better to say yes with a recorded agreement that covers the roof warranty, leaks, and who pays to pull the panels off when the roof is replaced. This guide walks through that review. It is general education, not legal advice, and the answer depends on your declaration, your plat or condominium map, and state law.

Find out who owns and maintains the roof

Pull three documents before the first committee meeting: the declaration, the plat or condominium map, and the maintenance chart if your community has one. In a condominium, the roof is usually a common element, owned by all the owners together and maintained by the association. In a townhome community, the owner usually holds title to the lot and the structure on it, but the declaration often makes the association responsible for roof repair and replacement, funded through the reserves. Some townhome declarations go the other way and leave the roof to each owner. Write the answer at the top of the file, with the section numbers, because every later step depends on it. If the roof covers more than one unit, note whose roof sections the array, the conduit and the attachments will cross. An array that drains water onto a neighbor's section or runs conduit over the party wall needs that neighbor's written consent before the board considers it.

What each state allows the board to require

Texas. On a roof the owner owns and maintains, section 202.010(d) still lets the association require prior approval and set limits: the device may not extend above or beyond the roofline, must sit in an area the association designates unless an alternate spot raises estimated annual production by more than 10 percent under the modeling tool the statute names, must follow the roof slope with its top edge parallel to the roofline, and must have frames, brackets and visible wiring in silver, bronze or black. The association may also prohibit a device that, as installed, voids material warranties. Under subsection (e), once those standards are met the board may refuse only with a written finding that the placement substantially interferes with neighbors' use and enjoyment of their land, and written approval from all adjoining owners is prima facie evidence that it does not. Colorado. On an owner's own roof, section 38-30-168(2) allows only reasonable aesthetic limits that do not raise the cost by more than 10 percent or cut performance by more than 10 percent, plus bona fide safety requirements from a building code or electrical standard. An application not denied or returned for changes within 60 days is deemed approved, and the basis for any denial must be described in reasonable detail. Florida. Under section 163.04(2), the association may pick the specific spot on the roof, within an orientation to the south or within 45 degrees east or west of due south, as long as that choice does not impair the panels' effective operation. Subsection (3) gives the winner of a lawsuit under the section its costs and attorney fees, so a Florida board that wants conditions beyond placement should have counsel review them first. In a Florida condominium, section 718.113(7) separately lets the board install solar collectors on the common elements or association property for the owners' benefit without a vote of the owners.

Protect the roof and its warranty

Ask the roofing contractor who installed or last replaced the roof, and the shingle or membrane manufacturer, a written question: will penetrations by a solar installer void the warranty, and if not, what installer certification or flashing method keeps it in force? Put the answer in the file. Then ask how many years the roof has left. Panels on a roof due for replacement in four years mean paying to remove and reinstall the array soon after it goes up, so many boards ask the owner to wait for the scheduled replacement or to pay for the owner's section of roof to be replaced first. Require a building permit and, where the utility requires one, an interconnection agreement, and ask for the installer's certificate of insurance before work starts. Have a director or the association's roofer look at the roof once the array is on, before the installer is paid in full, and photograph the attachments.

Put the deal in a recorded agreement

Approval should come with a written agreement between the association and the owner, recorded in the county property records so it binds the next buyer. It should say that the owner pays for the system, its installation and its removal; that the owner pays to remove and reinstall the array whenever the association repairs or replaces the roof, within a set number of days after written notice; that the owner pays for leaks and damage caused by the attachments or penetrations, including damage to neighboring units; that the owner keeps the system in good repair and removes it at the owner's cost if it is abandoned; and that the agreement passes to the next owner, who must sign an assumption at closing. Ask your attorney whether your declaration lets the association add these costs to the owner's account as a charge it can collect like other assessments. Sample motion: "I move that the board approve the solar application from [owner] at [address], as shown in the plans dated [date], subject to the owner signing the association's solar installation and maintenance agreement, which the association will record before installation begins."

A sample timeline

Day 0: the application arrives with the installer's plan set, a roof plan showing the array, the attachment and flashing detail, and the equipment colors. The point person logs the date, which starts Colorado's 60-day clock. By day 7: confirm in writing that the application is complete, or list what is missing. Days 7 to 21: get the warranty answer and the roofer's estimate of remaining roof life. Send the plan to any owner whose roof section the system touches. By day 30: the board votes at an open meeting and sends a written decision. Approval goes out with the agreement attached. A denial or a request for changes names the specific provision and the reason. Within 15 days after the owner signs: the association records the agreement and returns a copy, and the owner pulls the permit. After installation: inspect, photograph and add the array to the association's roof records, so the roofer who bids the next replacement prices removal and reinstallation.

Mistakes that cost the association later

Approving the panels with a one-line email and no agreement, then learning at roof replacement that nobody agreed who pays to take them off. Letting the installer use its own flashing method without checking the roof warranty. Treating a Florida townhome request like a Texas one and refusing outright. Running past Colorado's 60-day window while the committee waits for a quarterly meeting. Forgetting the neighbor in a shared building until water shows up in that unit's ceiling. Failing to tell the reserve study provider, so the next roof replacement budget misses the removal cost. For the owner's view of the same rules, see our guide on whether an HOA can ban solar panels, and for the roof itself, our guide on how to hire a roofer for an HOA roof replacement.

Sources

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.

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