Indiana § 32-25.5-3.5-5 Permitted reasons for homeowners association to prohibit use of, or
require removal of, solar energy system

Indiana Statutes

§ 32-25.5-3.5-5 — Permitted reasons for homeowners association to prohibit use of, or require removal of, solar energy system

Indiana § 32-25.5-3.5-5

Title 32PROPERTY

Art. 25.5HOMEOWNERS ASSOCIATIONS

Ch. 3.5Homeowners Association Restrictions on Solar Energy

This text of Indiana § 32-25.5-3.5-5 (Permitted reasons for homeowners association to prohibit use of, or require removal of, solar energy system) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 32-25.5-3.5-5 (2026).

Text

(a)This section applies to a homeowners association:

(1)the governing documents of which prohibit, restrict, or limit the installation of solar energy systems by members of the homeowners association; or

(2)whose board of directors, architectural review committee, or architectural control committee seeks to:

(A)deny a homeowner's request to install a solar energy system; or

(B)require a homeowner to remove a solar energy system installed by the homeowner.

(b)A homeowners association may prohibit the installation or use of a solar energy system or may require the removal of a solar energy system that has been installed only if one (1) or more of the following apply:

(1)A court has found that the solar energy system threatens public health or safety.

(2)A court has found that the sol

Free access — add to your briefcase to read the full text and ask questions with AI

(a) This section applies to a homeowners
association:
(1) the governing documents of which prohibit, restrict, or limit
the installation of solar energy systems by members of the
homeowners association; or
(2) whose board of directors, architectural review committee, or
architectural control committee seeks to:
(A) deny a homeowner's request to install a solar energy
system; or
(B) require a homeowner to remove a solar energy system
installed by the homeowner.
(b) A homeowners association may prohibit the installation or use
of a solar energy system or may require the removal of a solar energy
system that has been installed only if one (1) or more of the following
apply:
(1) A court has found that the solar energy system threatens
public health or safety.
(2) A court has found that the solar energy system violates a law.
(3) The solar energy system has been installed on property owned
or maintained by the homeowners association.
(4) The solar energy system has been installed on property owned
in common by the members of the homeowners association.
(5) The solar energy system has been installed in a location other
than:
(A) the roof of:
(i) the dwelling unit of the homeowner installing the solar
energy system; or
(ii) another structure;
approved by the homeowners association; or
(B) a fenced yard or patio owned and maintained by the
homeowner.
(6) The solar energy system is mounted on the roof of the
dwelling unit of the homeowner installing the solar energy system
and:
(A) extends above or beyond the roof of the dwelling unit by
more than six (6) inches;
(B) does not conform to the slope of the roof and has a top edge
that is not parallel to the roof line; or
(C) has a frame, support bracket, or visible piping or wiring that
is not in a silver, bronze, or black tone commonly available in
the marketplace.
(7) The solar energy system is mounted on a roof that is:
(A) owned by the homeowner; but
(B) maintained by the homeowners association.
(8) The solar energy system is installed in a fenced yard or patio
rather than on the roof of a dwelling unit and is taller than the
fence line.
(9) The solar energy system is installed in a manner that voids
material warranties.
(10) The homeowner installed the solar energy system in a
manner that differs significantly from the manner of installation
presented to the homeowners association:
(A) board of directors;
(B) architectural review committee; or
(C) architectural control committee;
if applicable.