The Homeowners’ Energy Policy Act (the Act) requires all condominium associations and subdivision associations to adopt and provide all members of the association with a written policy on the rights to install solar energy systems and energy-saving improvements or modifications such as solar panels, clotheslines and electric vehicle supply equipment (battery chargers). Failure to adopt such policies by April 1, 2026 — and to provide all members with copies of such policies within 30 days of the date the policies are adopted — is a violation of the Act.
Any violation of the Act will allow members greater freedom to install solar energy systems and energy-saving improvements or modifications without any right of the association to prohibit such installation, regardless of restrictions that may already be incorporated in any master deed, deed restriction, declaration or other instrument related to the condominium or subdivision. Therefore, it is important that each association have a written policy which complies with the requirements of the Act by April 1, 2026.
