Virginia – Solar Rights

According to state law, community associations in Virginia generally may not prohibit a homeowner from installing or using a solar energy collection device on their property. A community association may, however, establish reasonable restrictions concerning the size, place, manner of placement of individual solar devices or restrict the installation of solar devices on common areas within the development served by the community association. Restriction imposed by a community association will be deemed unreasonable if it increases the installation cost by five percent or more, or if it reduces the energy production ten percent below the proposed installation’s projected energy production. Any resale certificate given to a purchaser must contain a statement setting forth any restriction, limitation, or prohibition on the right of an owner to install or use solar energy collection devices on his property.

In the context of this law, a solar energy device is a system “manufactured and sold for the sole purpose of facilitating the collection and beneficial use of solar energy, including passive heating panels or building components and solar photovoltaic apparatus.”