Delaware Solar Rights Law

In July 2009 Delaware enacted legislation prohibiting private covenants (i.e., homeowner’s association rules) from restricting the use of roof or ground-mounted solar systems on privately owned residential dwellings. The law was amended in 2019 with the passage of HB 65, which voided all prior covenants or restrictions regardless of the date recorded (previously, legal instruments prohibiting solar recorded before January 1, 2010 were enforceable). 

Although the wording of the legislation refers generally to “solar energy”, the title of the bill references only photovoltaic (PV) systems as eligible for these protections. Only single-family residential structures which are not considered common property are eligible for these protections. This includes single-family townhouses with at least two unattached sides and for which roof maintenance is the responsibility of the owner and not the association. 

The law does not void reasonable restrictions on roof or ground-mounted systems. Reasonable restrictions are those that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance.