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Solar Rights and Easements by State

CAI supports environmental and energy efficiency policies that recognize and respect the governance and contractual obligations of community association residents as the best mechanism to enact sustainable environmental policies.

CAI supports efforts by state legislatures to empower community associations to build consensus-based solutions regarding environmental initiatives, and opposes government and interest group efforts to override community policy or deed restrictions on single interest issues.

Twenty-five states currently prohibit or offer the ability to prohibit covenants or restrictions placed upon homeowners which would prevent the installation of solar powered panels and associated devices. These conditions exist in the following states(blue shaded states):

​ArizonaHawaii​​Maine​New Mexico​Vermont
​California​IllinoisMaryland​North CarolinaVirginia​
​ColoradoIndianaMassachusetts​Oregon​​Washington
DelawareIowa​Nevada​TexasWest Virginia
​Florida​Louisiana​New Jersey​Utah​​Wisconsin


Fifteen states currently have laws that protect easements and their establishment on a legal contractual basis without having an express solar rights law. Solar easements can be found in the following states (yellow shaded states):

​AlaskaKansas​​MissouriNew HampshireOhio
​Georgia​Kentucky​​Montana​New York​Rhode Island
​Idaho​MinnesotaNebraska​North DakotaTennessee


 

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