About 26% of North Carolina homeowners live in communities governed by an HOA. If you’re one of them and you’re considering solar, the first question you’ll get asked is whether your HOA will allow it.
The short answer: they have to, with limits. NC law protects your right to install solar panels even if your HOA would prefer you didn’t.
The law: two statutes that matter
North Carolina has two statutes covering solar access. They work in parallel.
N.C. Gen. Stat. § 22B-20 covers private HOA covenants and deed restrictions. Enacted in 2007, it voids any covenant that “prohibits, or has the effect of prohibiting, the installation of a solar collector” on a residential property. The legislature cited the importance of solar for keeping residential ownership affordable as the basis for the law.
N.C. Gen. Stat. § 160D-914 covers municipal and county zoning ordinances. It bars any local government development regulation from prohibiting solar collectors on residential property for water heating, space conditioning, or electricity generation.
Both statutes use the same standard: HOAs and local governments can regulate the location or screening of solar systems, but not in a way that prevents “reasonable use.” Both allow courts to award attorneys’ fees to the prevailing party in a dispute.
What HOAs can still require
The statute doesn’t give you a blank check. Under § 22B-20, your HOA can:
- Require pre-approval from the architectural review committee before installation begins
- Restrict visibility — panels on a facade facing a street, common area, or public access area can be prohibited, as can panels on a roof slope that faces those same areas
- Set aesthetic standards — flush-mount systems, color-matched conduit, wiring and auxiliary equipment concealed from common areas
- Require an indemnification agreement — you assume liability for any damage caused by the installation and agree to indemnify the HOA
- Require a licensed contractor — HOAs can mandate that only licensed, insured installers do the work
What they cannot do is require placement that prevents reasonable use of your solar system. If the only available surface is street-facing and the HOA’s restriction would force you onto a shaded or less efficient surface, that restriction becomes vulnerable to challenge.
The Belmont ruling
In June 2022, the NC Supreme Court issued an important decision in Belmont Ass’n, Inc. v. Farwig (2022-NCSC-64). A Wake County homeowner installed solar panels on the front-facing slope of their roof — visible from the street — without prior ARC approval. The HOA rejected their after-the-fact application and offered to allow panels relocated to the rear roof. The homeowners refused and sued.
The court ruled 4-3 for the homeowners. The central question wasn’t whether the panels were visible from the road. It was whether the HOA had a valid legal basis to restrict them at all.
The majority held that an ARC decision is not a “deed restriction, covenant, or similar binding agreement” under § 22B-20. That phrase means a provision recorded in the Declaration or deed — not a discretionary committee ruling. Because the Belmont Declaration had no express solar language, there was no covenant in place to enforce. The ARC was applying general “improvements” authority with no solar-specific grounding, and the majority found that wasn’t enough.
The § 22B-20(d) carve-out matters here. That subsection allows deed restrictions to prohibit solar panels visible from streets or common areas on front-facing facades and roof slopes. The Belmont HOA tried to invoke it, and the three dissenters agreed it should have applied. But the majority held that § 22B-20(d) requires an actual recorded covenant to trigger. A real-time ARC decision doesn’t count.
The practical takeaway: if your HOA’s CC&Rs have no express solar provisions, general ARC authority cannot be used to block your installation. If the CC&Rs do include solar-specific language prohibiting street-facing panels, that restriction may be valid under § 22B-20(d). The absence of solar language in governing documents is protective for homeowners after this ruling.
How the approval process typically works
Most NC HOAs with an architectural review process will ask for:
- A drawing or site plan showing the system’s location on the roof and its visibility from streets and common areas
- Manufacturer specifications for the panels, inverter, and mounting hardware, including color and dimensions
- Contractor license information
- A signed indemnification agreement
Before you submit, ask the HOA board or management company two questions: does the HOA have any express solar provisions in its CC&Rs, and when does the architectural review committee meet next? NC law doesn’t set a deadline for ARC decisions, so knowing the meeting schedule tells you the real timeline.
If your CC&Rs have no express solar language, cite § 22B-20 and the Belmont ruling in your cover letter. That framing tends to move things along.
How this affects Duke Energy PowerPair
If you’re in Duke Energy Carolinas territory (Charlotte and surrounding counties), the PowerPair program pays up to $5,400 for battery storage and $3,600 for solar when you install both together. Duke Energy Progress territory (Raleigh) reached its program allocation in November 2025 and is currently waitlist only.
Duke Energy doesn’t list HOA approval as a formal PowerPair eligibility requirement, but the installation has to be complete before the incentive is triggered. Start your HOA approval process before you get installer quotes. If your HOA has no express solar language in its CC&Rs, approval should be straightforward after Belmont. If they do have solar restrictions, factor the review timeline into your planning, especially if DEC capacity is a concern.
If your HOA pushes back
If your HOA denies your application or stalls without a written decision:
- Put your request in writing and ask for a written response citing the specific provision they’re relying on
- If they cite general aesthetic authority with no express solar language in the CC&Rs, point to Belmont directly
- If they cite a front-facing roof restriction and you have no other viable surface, document the production impact of any proposed relocation
- If the dispute isn’t resolving, consult an NC real estate or HOA attorney — § 22B-20 provides for attorneys’ fees to the prevailing party, which changes the HOA’s cost calculation
Most NC HOAs, once they understand the legal landscape, approve solar applications with conditions rather than face a dispute they’re unlikely to win.