On July 1, 2026, the Pennsylvania House of Representatives passed House Bill No. 1239 in a 109-93 vote. If enacted, the Bill would prevent condominium and homeowners’ associations from prohibiting or restricting owners’ installation and use of solar energy systems on detached roofs.
The goal, said Representative Liz Hanbidge, is “to ensure homeowners in residences ruled by an HOA [have] the same right as other homeowners in choosing solar powered energy.”
Below, KingSpry’s Business and Real Estate Law Attorney Taisha K. Tolliver-Duran, Esq., reviews the proposed legislation and offers practical guidance for condominium and homeowners’ associations as they prepare for potential compliance obligations.
Existing Law
68 Pa.C.S. § 3302 establishes the powers of condominium unit owners’ associations in Pennsylvania, including their authority to adopt and amend bylaws, rules, and regulations. Similarly, 68 Pa.C.S. § 5302 governs the authority of unit owners’ associations in planned communities, including their authority to adopt and amend bylaws, rules, and regulations.
In her sponsor memorandum, Representative Hanbidge explained that “Pennsylvania homeowners have the right to choose the energy source they prefer to power their homes.” However, members of condominium and homeowners’ associations do not have those same protections. Therefore, the Bill intends to amend Pennsylvania law to limit the restrictions associations can impose on solar energy systems in their communities.
New Provisions Governing Solar Energy
If enacted, the Bill would add subsections to Sections 3302 and 5302 to prevent associations from “prohibit[ing] the installation or use of a solar energy system on a detached roof.”
With respect to condominiums, a “detached roof” is defined as a roof of a unit that (1) is solely owned by an individual; (2) is not maintained, repaired, or replaced by the association; and (3) is not designated as part of the common elements in the governing documents of the association.
With respect to planned communities, a “detached roof” is defined as a roof of a unit that (1) is solely owned by an individual and (2) is not designated as part of the common elements or controlled facilities in the governing documents of the association.
Under both Sections, a “solar energy system” includes a “solar collection panel, film, shingle or other solar energy device” and a “solar structural component fixed in an operating position,” the primary purpose of which is “to provide for the collection, storage and distribution of solar or radiant energy from the sun.”
Despite its protections for condominium and homeowners, the proposed legislation does permit associations to impose certain, reasonable regulations on solar energy systems. For example, associations may impose regulations for the purpose of:
- Requiring that solar energy systems meet applicable health and safety standards;
- Requiring that systems used to heat water are certified by the Solar Rating and Certification Corporation or another nationally recognized certification agency;
- Requiring that systems used to produce electricity comply with appliable safety and performance standards;
- Requiring frames, support brackets, or visible piping and wiring to be painted to coordinate with roofing material;
- Requiring system owners to indemnify associations for damages as a result of the owners’ installation, maintenance, or use of the system; and
- Requiring placement of systems in a way that maintains the aesthetic qualities of the community.
Effective Date
If passed by the Pennsylvania Senate and signed by Governor Shapiro, the proposed legislation will take effect in sixty (60) days, giving associations approximately two (2) months to audit existing regulations and ensure compliance.
Key Takeaways for HOAs
Audit existing governing documents now. Associations should identify any regulations that prohibit, restrict, or regulate the use of solar energy systems in their communities. Any rules that would violate the Bill, if enacted, should be flagged.
Determine which roofs are covered. Associations should confirm which roofs in their communities constitute “detached roofs,” as the proposed legislation is limited to same.
Plan to update rules and architectural guidelines. If enacted, the Bill would still permit associations to regulate the installation and use of solar energy systems in their communities. Associations are encouraged to consider the types of regulations they would like to impose and determine whether those regulations would comply with the new laws.
Avoid blanket prohibitions on solar energy. The proposed legislation seeks to prevent broad bans on solar energy use. Associations with existing bans should plan to revise their policies, and associations who have not yet regulated solar energy systems should refrain from adopting blanket prohibitions.
Prepare for a short compliance timeline. Should the Bill become law, it will take effect in sixty (60) days, leaving associations with limited time to review, amend, and adopt legally compliant rules.
Consult with legal counsel. Finally, associations with questions or concerns should consult with experienced legal counsel to ensure their actions comply with the proposed statutory limitations.
