Georgia HOA Solar Rights

Key Findings

Georgia offers homeowners no statutory protection against association solar restrictions. Unlike California, Florida, Arizona, Colorado, Nevada, and Texas, Georgia has passed no law voiding or limiting declaration-based prohibitions on solar energy systems.¹ An association's authority over a solar installation rests entirely on the recorded declaration and the governance framework that applies to the community, constrained only by general contract and property doctrines.

The controlling structural fact in Georgia: its planned-community statute is opt-in. The Georgia Property Owners' Association Act (POAA) governs a planned community only if that community elected to submit to the Act by recording a declaration or amendment stating an affirmative election.² Absent that election, the community answers to its covenants, common law, and the Georgia Nonprofit Corporation Code. Condominiums fall under a separate statute, the Georgia Condominium Act.³

Georgia's Solar Easements Act permits voluntary recorded easements for access to sunlight between property owners.⁴ It's not a solar-access statute, and it doesn't restrain association architectural authority. The Solar Power Free-Market Financing Act of 2015 concerns third-party financing and carries no relevance to association authority.⁵

The most recent solar-specific ruling, Kinnaird v. Morningview Homeowners Association, Inc. (Sept. 2025), reversed summary judgment for an HOA on narrow contract grounds and didn't decide whether an association may lawfully ban solar.⁶

Details

The statutory framework

Solar-access provision (or its absence)

Georgia has no statute limiting a community association's ability to prohibit or restrict solar energy systems through its declaration. Research against the Official Code of Georgia Annotated confirms it: no provision voids or caps declaration-based solar restrictions, and none imposes a reasonable-restriction standard on associations.¹ The consequence follows directly: an association's authority over solar comes from the recorded declaration and the governance framework that applies to the community, constrained only by general doctrines of contract and property law, not by any solar-specific protection.

That places Georgia among the minority of states with no HOA solar-access law. Homeowners and vendors sometimes cite Georgia code sections as voiding "unreasonable" solar restrictions, but no such HOA-restrictive solar provision exists in the Georgia Code. The only solar-specific property statute is the voluntary Solar Easements Act discussed below.

A boundary note on financing: the Solar Power Free-Market Financing Act of 2015 (O.C.G.A. § 46-3-60 et seq.), enacted as HB 57 — sponsored by Rep. Mike Dudgeon, passed the House 165-0 and the Senate 51-0, and signed May 12, 2015, effective July 1, 2015 — authorizes retail electric customers to finance solar systems through third parties using solar energy procurement agreements.⁵ It provides that no electric service provider "shall prevent or otherwise interfere with the installation, operation, or financing of solar technology by a retail electric customer through a solar financing agent."⁷ That statute enables a financing mechanism on the utility-customer side. It doesn't limit a community association's authority over solar installations and carries no application on this page beyond marking the boundary.

The opt-in governance structure

Which body of law governs an association's solar authority depends first on the type of community and, for planned communities, on an election the community may or may not have made.

Condominiums fall under the Georgia Condominium Act (O.C.G.A. § 44-3-70 et seq.), which applies to condominiums created by recording a declaration under the Act.³ The Act sets enforcement, assessment, and compliance rules for condominium associations and requires unit owners to comply with the condominium instruments and reasonable rules adopted under them.⁸

Planned communities fall under the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.) only if the community affirmatively elected to submit to the Act. Under O.C.G.A. § 44-3-222, a declaration or amendment intending to bring a development within the Act "shall state an affirmative election to be so governed."² A planned community that didn't opt in answers to its recorded covenants, the common law of restrictive covenants, and the Georgia Nonprofit Corporation Code. This two-track structure means you can't assume the POAA governs any given planned community — whether it applies has to be determined from the recorded declaration, which controls whether the association's architectural authority runs under the statute or under the covenants and common law alone.

The distinction matters for solar because architectural authority over an installation flows from whichever framework applies. In a POAA-electing community, statutory enforcement and compliance provisions overlay the declaration. In a non-electing community, the declaration and common law of restrictive covenants govern, with no statutory overlay beyond the Nonprofit Corporation Code. Either way, no solar-specific limit constrains that authority.

Georgia is not a Uniform Common Interest Ownership Act (UCIOA) state. It runs its own Condominium Act and its own opt-in POAA, and UCIOA features don't carry over here.

Solar easements and the role of CC&Rs

Georgia does have solar easement enabling provisions, in the Solar Easements Act (O.C.G.A. § 44-9-20 et seq., within Title 44, Chapter 9, Article 2). The Act declares that solar easements "may be established to allow the owner of a solar energy device to negotiate for assurance of continued access to sunlight," requires that any such easement be created in writing and recorded like other easements, and specifies the contents an instrument must include, such as a description of the airspace affected and the terms of termination.⁴

These stay voluntary instruments negotiated between property owners. A solar easement secures light across a neighbor's land; it doesn't override a community association's authority to review or restrict an installation under the declaration. A solar easement is not a solar-access statute, and it confers no right against an association.

The order of precedence follows from the absence of a solar-access statute. Where a state has a solar-access statute, it overrides conflicting covenant provisions. Georgia has none. As a result, the recorded declaration controls, subject to general contract and property doctrines and to whichever governance statute applies to the community. Architectural review authority therefore differs by community type: a Condominium Act community reviews under the condominium instruments and Article 3 enforcement provisions; a POAA-electing planned community reviews under the declaration with the POAA's statutory overlay; and a non-electing planned community reviews under the declaration and the common law of restrictive covenants alone.

What a Georgia HOA can and cannot do regarding solar

Because Georgia has no provision overriding declarations, the operational rules turn on governing-document authority and whichever governance statute applies.

Approval and architectural review

A solar installation gets treated as an exterior modification subject to architectural review where the governing documents require it. In a condominium, review authority flows from the condominium instruments under the Condominium Act.⁸ In a POAA-electing planned community, it flows from the declaration with the POAA's compliance provisions applying.⁹ In a non-electing planned community, it flows from the declaration and common law alone. Declarations commonly reserve broad or sole discretion to an architectural review committee, and Georgia courts enforce restrictive covenants as written under ordinary contract principles.⁶

Permissible and impermissible restrictions

Because no solar-access statute exists, there's no statutory list of prohibited conduct, no statutory cap on restrictions, and no reasonable-restriction standard specific to solar.¹ The declaration's terms set the limits, subject to general doctrines such as reasonableness in the exercise of discretionary approval, consistency of enforcement, and the rule that covenants get construed as contracts. An association may deny or condition a solar installation where the declaration authorizes it, including on aesthetic grounds, provided it acts within the terms of the declaration.

Governing-document and disclosure considerations

Solar rules typically appear in the declaration's architectural or use-restriction provisions, or in design guidelines adopted under them. Amendments to a POAA declaration run through O.C.G.A. § 44-3-226, and amendments to condominium instruments through O.C.G.A. § 44-3-93.^9,10 Under O.C.G.A. § 44-5-60, a change in covenants imposing a greater restriction on use may not be enforced against an owner unless agreed to in writing at the time of the change.¹¹ No Georgia statute imposes a solar-specific resale or disclosure obligation.

Dispute resolution and remedies

Solar disputes proceed as covenant-enforcement or declaratory-judgment actions in the Georgia Superior Court, which holds jurisdiction over equity and real property matters, with smaller civil matters heard in State Court. Appeals go to the Court of Appeals of Georgia, with certiorari review by the Supreme Court of Georgia. Under O.C.G.A. § 44-3-223 (POAA) and O.C.G.A. § 44-3-76 (Condominium Act), an association may pursue injunctive relief and other remedies for noncompliance after providing the required notice, and it may impose fines and suspensions if and to the extent the instrument provides for them.^12,13 No solar-specific statutory remedy or fee provision exists. Georgia has no dedicated HOA regulator; community association managers get licensed by the Georgia Real Estate Commission under O.C.G.A. § 43-40-8.¹⁴

Recent legislative and judicial activity

Recent bills

Georgia has no enacted bill over the past 24 months creating or amending a solar provision that limits HOA authority. The most recent attempt:

Recent appellate rulings

Active legislative debates

Solar advocates and some legislators have signaled intent to reintroduce HOA solar-protection legislation in a future session after HB 389 failed, but no such measure is currently enacted or advancing toward passage.¹⁶

National positioning and related coverage

Solar-rights states fall into three broad categories. Strong-protection states carry statutes that void or limit association solar restrictions, including California (Civ. Code § 714), Florida (Fla. Stat. § 163.04), Arizona (A.R.S. § 33-1816), Colorado (C.R.S. § 38-30-168), Nevada, and Texas (Prop. Code § 202.010). Solar-easement-only states enable voluntary easements but don't override associations. No-protection states leave the declaration in full control.¹ Georgia belongs in the no-protection category: it enables voluntary solar easements but has no statute limiting association authority, so the declaration controls. Georgia's distinctive feature is its opt-in planned-community statute, which means whether any HOA statute applies to a given community depends on that community's recorded election rather than on a statewide default. For multi-state operators, Georgia demands reading each community's declaration to determine both the governance framework and the solar rules, with no statutory floor to fall back on.

HOA Weekly's Georgia Solar Rights coverage updates quarterly as the legislature and the Georgia courts act. No federal rule comparable to the FCC's OTARD rule extends to rooftop solar, so Georgia's state law controls here.

Recommendations

• For property managers. Treat solar applications as exterior modifications under the declaration, and follow every procedural step precisely. The Kinnaird reversal shows procedural shortcuts create litigation exposure even where the association holds broad discretion.
• For boards. Confirm whether the community is a condominium, a POAA-electing planned community, or a non-electing community before acting — that determines the enforcement tools available. Adopt clear, consistently applied solar guidelines rather than relying on ad hoc denials.
• For attorneys. Advise that Georgia has no solar-access statute and no reasonable-restriction floor, so covenant drafting and consistent enforcement become the controlling risk levers. Monitor for reintroduction of HB 389-type legislation, which would change the analysis if enacted.
• Benchmark that would change these recommendations. Enactment of a Georgia solar-access statute, or a Georgia appellate ruling that reaches the merits of solar-ban enforceability.

Caveats

• The absence of a solar-access statute reflects a finding from current law. If the legislature enacts one, this page's classification changes.
• Whether the POAA governs a specific community can't be assumed — verify it against that community's recorded declaration.
• Kinnaird resolved a contract question and didn't decide the enforceability of solar bans. Its precedential reach on solar policy stays limited.
• Some vendor and consumer-facing sources incorrectly state that Georgia code voids "unreasonable" HOA solar restrictions. No such HOA-restrictive provision exists in the Georgia Code, and readers shouldn't rely on such claims.

1. Palmetto, "Solar Access Laws by State" (comparative compilation; states that "[w]hile Georgia's Solar Easements Act of 1978 allows system owners to negotiate their access to sunlight, there are no HOA-restrictive solar access laws in the Peach State," and lists strong-protection statutes in California, Florida, Arizona, Colorado, Nevada, and Texas). Georgia's absence of a solar-access statute is independently confirmed against the Official Code of Georgia Annotated. ↩
2. Georgia Property Owners' Association Act, O.C.G.A. §§ 44-3-220 to 44-3-235 (reproducing § 44-3-222: "Any declaration or amendment intending to bring or avail a development of the benefits and provisions of this article shall state an affirmative election to be so governed"). ↩
3. Georgia Condominium Act, O.C.G.A. § 44-3-70 et seq. (Title 44, Chapter 3, Article 3). ↩
4. Solar Easements Act, O.C.G.A. §§ 44-9-20 to 44-9-23 (§ 44-9-21 legislative findings: solar easements "may be established to allow the owner of a solar energy device to negotiate for assurance of continued access to sunlight"; § 44-9-22 written-and-recorded requirement; § 44-9-23 required contents). ↩
5. Solar Power Free-Market Financing Act of 2015, O.C.G.A. § 46-3-60 (short title; enacted by Ga. L. 2015, p. 1438, § 1/HB 57). ↩
6. Kinnaird v. Morningview Homeowners Association, Inc., No. A25A1083 (Ga. Ct. App., Fourth Div., Sept. 10, 2025) (reversing summary judgment for the HOA on the covenant-not-to-sue/waiver provisions; the court did not reach the merits of whether an association may restrict solar and did not resolve the public-policy argument). ↩
7. O.C.G.A. § 46-3-63(b) ("No electric service provider shall prevent or otherwise interfere with the installation, operation, or financing of solar technology by a retail electric customer through a solar financing agent"). ↩
8. Georgia Condominium Act (complete), O.C.G.A. § 44-3-76 (compliance with condominium instruments and reasonable rules; enforcement by action for injunctive relief and other remedies; power to impose fines and suspensions if and to the extent provided in the condominium instruments). ↩
9. Georgia Property Owners' Association Act, O.C.G.A. §§ 44-3-220 to 44-3-235 (article index, including § 44-3-226, amendment of instrument, and § 44-3-223, compliance and enforcement). ↩
10. Georgia Condominium Act, O.C.G.A. §§ 44-3-70 to 44-3-117 (article index, including § 44-3-93, amendment of condominium instruments). ↩
11. O.C.G.A. § 44-5-60 (covenants running with land; "no change in the covenants which imposes a greater restriction on the use or development of the land will be enforced unless agreed to in writing by the owner of the affected property at the time such change is made"). ↩
12. O.C.G.A. § 44-3-223 (POAA; compliance with the instrument and reasonable rules; enforcement by action for sums due, damages, injunctive relief, or other remedy; power to impose fines and suspensions if and to the extent provided in the instrument). ↩
13. Georgia Condominium Act (complete), O.C.G.A. § 44-3-76 (means of enforcement for condominium associations). ↩
14. O.C.G.A. § 43-40-8 (qualifications for licensees, including community association managers licensed through the Georgia Real Estate Commission; 25 instructional hours and examination required). ↩
15. Georgia HB 389 (2025-2026 Regular Session), "Property; prohibit homeowners' associations from preventing property owners from installing solar energy devices; provisions" (bill summary and sponsor list). ↩
16. Georgia General Assembly, House composite calendar (2025-2026) (HB 389: "02/21/2025 Withdrawn from Judiciary and recommitted to Energy, Utilities and Telecommunications"; bill did not pass). ↩