# North Carolina HOA Solar Rights After Belmont v. Farwig (2026) > Under North Carolina General Statutes 22B-20, any deed restriction or covenant that prohibits or has the effect of prohibiting a solar collector on residential property is void and unenforceable. That covers panels used for electricity, water heating, and space heating or cooling. In Belmont Ass'n v. Farwig (2022), the North Carolina Supreme Court held that an HOA cannot use a general architectural-control clause to block solar; only an express, solar-specific restriction can limit placement, and even that cannot stop the reasonable use of the panels. An association can restrict placement in a few narrow spots if the declaration spells them out, but there is one important limit on the law itself: 22B-20 does not protect owners in multi-story stacked condominium buildings with horizontal unit boundaries, so high-rise condo owners have no state solar protection. _Source: https://hoanotes.com/hoa/north-carolina/solar-panels/ | Last reviewed 2026-06-03_ ## What the law protects The core rule is broad. A covenant that bans solar, or that works as a ban in practice, is void on residential property. Belmont v. Farwig is what gives that rule teeth. In that case the HOA pointed to its general authority over architecture and aesthetics to deny front-facing panels. The Supreme Court said that is not enough: broad architectural discretion cannot be used to prohibit solar, and the board could not force panels to the back of the home when that location would prevent their reasonable use. An association still has a narrow lane. If the declaration expressly says so, it can restrict placement on facades and roof slopes facing public or common areas, and within the sightlines from those facades to the property line. Even there, it cannot regulate the panels into uselessness, and it can ask the owner to cover removal and indemnify the association. ## The condo exception The protection has a real boundary. Section 22B-20 applies to single-family lots, townhomes, and detached residential property. It does not reach owners in multi-story stacked condominium buildings with horizontal unit boundaries, the classic high-rise or stacked-flat arrangement. If you are buying that kind of condo, the state solar protection does not apply, and the association's restrictions on the shared roof control. ## What to check in the disclosure packet If solar matters to you, read these before you make an offer: - Whether your home is a lot or townhome (protected) or a stacked condo (not protected by 22B-20). - Any express, solar-specific placement restriction in the declaration, which is the only kind that can limit location. - A blanket architectural rule the board might wrongly try to use to deny solar after Belmont v. Farwig. - Whether existing panels on the home were approved and documented. ## Why this matters to your offer If you are buying for the solar potential, the difference between a townhome and a stacked condo decides whether state law is on your side. And a board still operating off a general architectural rule may try to block panels it has no power to block. An HOA Notes brief identifies your property type, finds any solar-specific language in the declaration, flags an architectural rule that conflicts with Belmont v. Farwig, and cites the page behind each finding. ## What the statute says **North Carolina General Statutes section 22B-20** (Solar collector prohibition void (HOA/planned community only)). Any deed restriction, covenant, or CC&R provision that prohibits or has the effect of prohibiting installation of a solar collector on residential property is void and unenforceable; this applies to systems used for water heating, space heating or cooling, passive heating, or electricity generation; per Belmont Ass'n v. Farwig (NC Supreme Court, 2022), a general architectural control clause is insufficient to block solar -- only express solar-specific restrictions can limit placement, and even then cannot prevent reasonable use; IMPORTANT: this statute DOES NOT protect owners in multi-story stacked condominium buildings with horizontal unit boundaries (Chapter 47A/47C condos). The association may restrict solar collector placement in three narrow locations if the declaration expressly says so: (1) on building facades facing public or common-access areas, (2) on roof surfaces sloping toward such areas, and (3) within sightlines extending from such facades to property boundaries; even these restrictions cannot prevent reasonable use of a solar collector; it may require the homeowner to indemnify the association and bear removal costs. ## North Carolina HOA solar rules: common questions ### Can a North Carolina HOA ban solar panels? Not on residential lots or townhomes. A covenant that prohibits or effectively prohibits a solar collector is void under 22B-20. The protection does not extend to multi-story stacked condominiums. ### What did Belmont v. Farwig decide? The North Carolina Supreme Court held in 2022 that an HOA cannot use a general architectural-control clause to block solar, and cannot force panels to a location that prevents their reasonable use. ### Can the HOA tell me where to put the panels? Only if the declaration has an express, solar-specific placement restriction, and even then it cannot prevent reasonable use of the panels. ### Does the solar law protect condo owners? Not in multi-story stacked condominium buildings with horizontal unit boundaries. Those owners have no state solar protection under 22B-20. ## Sources (verified 2026-06-03) 1. North Carolina General Statutes section 22B-20 (solar collectors), North Carolina General Assembly. Verified 2026-06-03. https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_22B/GS_22B-20.html 2. Belmont Ass'n, Inc. v. Farwig, 381 N.C. 306 (2022), Justia (North Carolina Supreme Court). Verified 2026-06-03. https://law.justia.com/cases/north-carolina/supreme-court/2022/214a21.html 3. North Carolina Supreme Court issues important solar panel case, Law Firm Carolinas. Verified 2026-06-03. https://blog.lawfirmcarolinas.com/north-carolina-supreme-court-issues-important-solar-panel-case/ HOA Notes is not a law firm and this is not legal advice.