For decades, plenty of CC&Rs simply said no: no solar panels, no artificial turf, no visible clotheslines, full stop. Many of those provisions are still sitting in recorded governing documents today. What's changed is that, in most states, a flat ban on several of these things is no longer enforceable, regardless of what the CC&Rs say, because state legislatures have passed laws specifically overriding HOA restrictions in these areas.
This creates a real gap between what some communities' paperwork still says and what the board can actually do. This guide walks through the major categories, what's typically protected, and what an HOA can still reasonably regulate.
Not legal advice, and laws are changing quickly. Solar access, EV charger, and landscaping laws vary significantly by state, and several states have updated or introduced new laws in this area in recent years. This guide describes general patterns seen across many states. Confirm the current law in your specific state, and review your governing documents, before adopting or enforcing a restriction in these categories.
The common thread across solar, EV chargers, and drought-tolerant landscaping laws is the same shift in framing. Older CC&Rs often treated these as optional amenities the board could approve, deny, or prohibit at its discretion, the same way it might handle a request for a basketball hoop. Newer state laws increasingly treat them as the homeowner's right, subject only to reasonable regulation by the HOA, not the HOA's permission to grant or withhold.
That distinction matters. "Reasonable regulation" still leaves room for an architectural review process, see our guide on how the ARC process works, but it removes the option of simply saying no.
Solar access laws are the most established of this group. A large majority of states have adopted some version of a law preventing HOAs from banning solar panel installations outright, and many of these laws have been on the books for years, with some states tightening them further recently as solar adoption has grown.
Under a typical solar access law, an HOA cannot prohibit an owner from installing solar panels on their own roof or property, and cannot impose restrictions that significantly increase the cost of the system or significantly decrease its efficiency or specified performance. What the HOA generally can still do is require the installation to go through architectural review, require reasonable conditions related to the location or screening of equipment when an alternative location is equally functional and doesn't add meaningfully to cost, and require the work to meet applicable building and safety codes.
EV charger laws are newer and the patchwork is more uneven. Several states have adopted laws modeled closely on their existing solar access statutes, extending similar protections to EV charging equipment installed on an owner's property or assigned parking space. Other states have no specific EV charger statute yet, leaving the question more dependent on the existing CC&Rs and general "reasonable rules" principles.
| Where an EV Charger Law Exists | Where It Doesn't (Yet) |
|---|---|
| HOA generally cannot ban a charger on the owner's own property or assigned space | CC&R restrictions on exterior equipment more likely enforceable as written |
| HOA can still require ARC approval and reasonable placement/screening standards | ARC approval still applies, with broader board discretion |
| HOA generally can't impose conditions that make installation impractical or much more costly | Cost and feasibility concerns are more of a negotiating point than a legal limit |
| Shared/common-area charging stations often addressed separately (cost allocation, access) | Shared charging infrastructure typically a board decision and budget item |
Because this area is moving quickly, a board's safest approach is to check current state law each time a request comes in, rather than relying on what was true when the CC&Rs were written or even a few years ago.
This is the most regionally specific category. A number of states, particularly ones that experience significant drought, have passed laws limiting an HOA's ability to prohibit drought-tolerant landscaping, xeriscaping, or artificial turf as a lawn replacement, in some cases specifically tied to declared water shortages or local water-use restrictions.
Where such a law applies, an HOA generally cannot require an owner to maintain a traditional turf lawn if doing so would conflict with water restrictions or the homeowner's choice of drought-tolerant landscaping that meets reasonable design standards. Where no such law exists, a CC&R requirement for "maintained lawn" or specific landscaping is more likely to be enforceable as written, an architectural review process for the appearance of any replacement landscaping would still typically apply either way.
A smaller number of states have adopted "right to dry" laws, which limit an HOA's ability to ban outdoor clotheslines or drying racks entirely, often framed as an energy-conservation measure. Most states do not have such a law, in which case a CC&R restriction on visible clotheslines is more likely to hold up. Where a right to dry law does apply, the HOA can often still regulate where and how drying equipment is used, for example, requiring it not be visible from the street, rather than banning it altogether.
None of this means HOAs have lost all say over these installations. Across solar, EV charger, and landscaping laws, the pattern of what typically remains enforceable is consistent:
What typically isn't enforceable, where a relevant state law applies, is an outright "not allowed" answer, or conditions so restrictive they amount to the same thing.
This is one of the more common conflicts between governing documents and current law. Our guide to CC&Rs vs. bylaws vs. rules and regulations covers the general principle of what happens when documents conflict with state law: state law generally wins. An outdated CC&R provision doesn't automatically disappear from the recorded document, but in a state with a relevant solar, EV, or landscaping law, it typically can't be enforced as written.
Don't rely on an outdated provision. Enforcing a CC&R restriction that conflicts with current state law, even if the provision has technically never been removed, can expose the association to a successful legal challenge and the cost of defending it. If your CC&Rs predate recent solar, EV, or landscaping legislation, it's worth having counsel review which provisions may no longer be enforceable, and considering a formal amendment to bring the documents in line.
Rather than waiting for a request that surfaces the conflict, boards can get ahead of this by reviewing CC&R provisions related to solar, EV chargers, landscaping, and clotheslines against current state law, updating the architectural guidelines to reflect what the board can actually require (placement, screening, approval process) rather than what it can prohibit, and communicating the updated standards to owners so requests come in with the right expectations from the start.
In AffordableHOA: Updated architectural guidelines and governing documents live in shared document storage, visible to every resident, so the rules owners see match what the board can actually enforce. Architectural requests for solar, EV chargers, and landscaping changes go through the same tracked review process as any other request.
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Start Free TrialIn most states, no, not outright. Most states have a solar access law preventing HOAs from banning solar panels entirely, even if the CC&Rs say otherwise. The HOA can typically still require reasonable placement, screening, and approval, as long as the restrictions don't significantly increase cost or decrease efficiency.
A growing number of states have EV charger laws modeled on solar access laws, preventing outright bans on charging equipment installed on an owner's property. Coverage varies by state, and the HOA can generally still apply reasonable aesthetic and placement standards through architectural review.
It depends on the state. A number of states, especially drier ones, limit an HOA's ability to prohibit drought-tolerant landscaping or artificial turf, particularly during water shortages. Where no such law exists, CC&R landscaping requirements are more likely enforceable, though architectural review for appearance would still typically apply.
Some states have "right to dry" laws limiting HOA bans on outdoor clotheslines or drying racks. Many states don't have such a law, in which case a CC&R restriction is more likely enforceable. Where a right to dry law applies, the HOA can often still regulate location and visibility.
Even with strong protections, HOAs can typically still require advance architectural approval, reasonable placement that doesn't add cost or reduce performance, screening or color-matching where feasible, and code-compliant, licensed installation. What's generally off the table is an outright ban or conditions so burdensome they make the installation impractical.
In a state with a solar access law, that law generally overrides a conflicting CC&R provision, even an old one. The provision doesn't disappear from the recorded document, but it typically can't be enforced. Boards are often better off formally updating outdated provisions than relying on the conflict going unnoticed.