The state Supreme Court has ruled for homeowners in a dispute over homeowners association (HOA) rules restricting rooftop solar panel installations. The result could benefit homeowners wishing to install solar panels on their homes in thousands of planned developments across North Carolina.

The court’s 4-3 decision was bipartisan. It came in a case brought by a Raleigh homeowner who challenged his HOA for the right to keep solar panels he installed in 2018. The HOA tried to bar him from installing panels on the side facing the street, on grounds that it was unsightly, even though the HOA bylaws were silent on the issue. The North Carolina Sustainable Energy Association (NCSEA) and state Attorney General Josh Stein supported his case. In its decision, the Supreme Court overturned a Court of Appeals decision which sided with the HOA. 

“The ruling issued by the North Carolina Supreme Court is a significant achievement for homeowner property rights in North Carolina, affirming access to clean, renewable power for those previously denied by their HOAs,” according to Peter Ledford, NCSEA’s General Counsel and Director of Policy. “This decision will reduce a significant barrier to the residential solar market in North Carolina, supporting jobs in the rooftop solar industry, and helping homeowners lower their utility bills and clean up the grid.”