Mississippi's 2026 solar and EV bills are not about your covenants
Mississippi's 2026 solar and EV bills are not about your covenants
2026-09-15 · Mississippi · Legislation
Mississippi passed a solar bill in 2026 and considered an EV charging bill. Neither has anything to do with what a homeowners association may do about a rooftop array or a garage charger, and both are being miscategorised as HOA legislation.1
SB 2527 — signed, and about utility-scale solar farms
SB 2527 became Chapter 420 and takes effect July 1, 2026. It concerns utility-scale solar power facility agreements: landowner financial assurance for decommissioning, and local-government authority over such facilities.
It says nothing about rooftop panels, nothing about restrictive covenants, and nothing about what an association's architectural committee may approve or deny. It is not a Mississippi solar rights law.
Three other 2026 measures in the same area are likewise utility-scale siting bills with no association content: SB 2021 on MDEQ regulation of large solar panel placement, SB 2785 on solar farms, and HB 1492 on decommissioning.
SB 2059 — died, and about utility ratemaking
SB 2059, “Electric vehicle charging stations; provide for rates and charges,” would have amended Miss. Code Ann. § 77-3-3 to prohibit recovering EV-charger costs from ratepayers. It is a utility ratemaking bill. It contains no HOA or condominium provision and would not have created any right to install a charger.
It died in committee on February 3, 2026.
Why this correction is worth an article
Because the miscategorisation is systematic. Bill-tracking summaries and search engines repeatedly surface these as homeowners-association legislation on the strength of the words “solar” and “electric vehicle charging,” and a board or an owner acting on that summary will reach exactly the wrong conclusion about what Mississippi law permits.
The same pattern catches other 2026 bills. SB 2366, “Homeowners insurance limits; require no less than 20% in cases of total loss,” is about personal homeowners policy limits, not associations — search engines mislabel it constantly. It died in committee February 3, 2026. HB 1714, the Make Mississippi Resilient and Strong Act creating a Mississippi Windstorm Mitigation Association, uses “association” to mean an insurer pool; it passed the House on February 5 and died in Senate committee on March 3, 2026. SB 2280 on open meetings governs public bodies, not HOAs.
What Mississippi law actually says about rooftop solar in a covenanted community
There is no statutory solar-access right in Mississippi. No statute limits what a recorded covenant may prohibit with respect to a solar energy collector. An association's authority over a rooftop array comes from the declaration and is constrained by the declaration — by its approval standards, its stated response deadlines, and the ordinary covenant defences.
Those defences are not nothing, and 2026 made them stronger. Mississippi construes ambiguous restrictive covenants against the party seeking enforcement. In Marnecheck, decided March 24, 2026, the Court of Appeals held that an architectural committee below its stated minimum membership cannot validly act, and that where the covenants deem silence approval, a committee that misses its own 30-day deadline has approved the submission. In Sea Breeze, decided September 10, 2026, the Supreme Court held that an express anti-waiver clause does not defeat a waiver defence as a matter of law.
So an owner denied a solar installation in Mississippi is arguing about the declaration's words, the committee's composition, its deadline and its enforcement history — not about a statute.
And about EV charging
The same answer, with one addition. There is no Mississippi statute creating a right to install an EV charger in a condominium parking space or a planned-community driveway over an association's objection.
For a condominium the analysis is harder than for a detached home, because the parking space and the electrical infrastructure serving it are frequently common elements or limited common elements. That is a question about what the declaration allocates, and about the association's authority over alterations to common property — which is where it should be analysed, rather than under a utility ratemaking bill.
What it means for a board
Check the bill text, not the bill title. Mississippi bill titles are short and the subject words are misleading. The Legislature publishes full text and action history for every measure.
Write the architectural standard you actually want. With no statutory floor, the declaration and the committee's published standards are the whole of the law in your community. A standard that addresses panel placement, visibility, roof penetration and interconnection is enforceable in a way that “no structures on roofs” may not be.
Answer applications inside the deadline. After Marnecheck, missing it can be approval.
What to watch next
Whether anyone files an actual solar-access or EV-charging bill for community associations in 2027. None has been filed in recent sessions, no pre-filing is open, and no interim committee is studying the question.
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