Federal law says anyone can get solar. The company you are working with should know this. HOA can NOT stop anyone from getting solar. Federal law supercedes HOA law, city law, county law, or state law.
Because there is not a standard permitting process for all of Georgia, a permit to solar must be obtained from the jurisdiction where the property is situated. Each jurisdiction will have its own requirements, so the best place to start is by calling your local permitting office to see what is required.
Georgia: Key Legislation On HOA Solar Panel Installs This act facilitates financing options for solar installations. However, there is no specific state law preventing HOAs from restricting solar panels.
In Georgia, homeowners associations can generally prohibit or restrict rentals. However, if an HOA wishes to amend its governing documents, Section 44-5-60 of the Georgia Code may apply.
All new installation and repair work requires a permit. Minor repairs can be made to these systems without a permit - as determined by the Building Official. All permits must be obtained prior to commencement of work to avoid penalties.
Georgia. While Georgia's Solar Easements Act of 1978 allows system owners to negotiate their access to sunlight, there are no HOA-restrictive solar access laws in the Peach State.
In Georgia, an HOA's authority is regulated by state laws such as the Georgia inium Act and the Georgia Property Owners Association Act, which set boundaries on what HOAs can and cannot do, ensuring they operate within legal parameters.
The Property Owners' Association Act oversees the creation, management, authority, and functions of the HOAs in Georgia. It's important to note here that associations can be formed under the POAA or using common law principles. In such cases, this act will not apply.
Also, for the decisions made by an HOA, except for the cases provided for by Article 7(4) of this Law, the HOA members shall be liable, personally and jointly, in proportion to their share in the common property of HOA members. The responsibility of a hired manager is determined by an agreement.
While Georgia's Solar Easements Act of 1978 allows system owners to negotiate their access to sunlight, there are no HOA-restrictive solar access laws in the Peach State.