Solar Rights

Hawaii law prohibits the creation of any covenant or restriction contained in any document restricting the installation or use of a solar energy system on a residential dwelling or townhouse. Furthermore, Hawaii requires homeowners associations to adopt rules that provide for the placement of solar energy systems and do not unreasonably restrict the placement. In July 2010, SB 2817 was enacted that clarified this requirement and required homeowners associations to pass rules by July 1, 2011 in accordance with this requirement. This legislation states that homeowners associations' rules and regulations cannot "render a solar energy device more than 25 per cent less effective; increase the cost of installation, maintenance, and removal of a solar energy device by more than 15 per cent; or, until June 20, 2015, require an encumbrance on title because of the placement of the solar energy device." SB 1338, enacted in July 2009, also prevents the prohibition of clotheslines.