Pillar · HOA & Condo
What HOAs and condo boards can and cannot restrict
HB 395 builds on Virginia's existing Solar Rights Act (§ 67-701) to make small plug-in systems harder for associations to prohibit. Architectural review is still allowed; outright bans generally are not.
Outright bans
Prohibited
Aesthetic review
Allowed
Historic districts
Limited
Insurance fees
Capped
Articles in this pillar
Condo boards: master deed vs. HB 395
Condominium documents often contain sweeping restrictions on exterior modifications. HB 395 overrides the ones that prevent balcony solar outright — but the interaction between the statute and existing condo instruments is more layered than it first appears.
8 min read
Historic districts and architectural review
HB 395 carves out a narrow but real exception for locally designated historic districts. In those neighborhoods, architectural review boards keep most of their traditional authority over exterior changes — including plug-in solar.
6 min read
HOA authority under HB 395, step by step
Homeowners' and condo associations keep most of their architectural review powers under HB 395 — but the ability to ban plug-in solar outright is not one of them.
7 min read
Zoning exceptions and setback questions
Local zoning ordinances generally don't apply to small plug-in balcony solar systems — HB 395 effectively preempts them for compliant installations. But a few Virginia localities are testing that conclusion, and the answer isn't uniform for every configuration.
7 min read