An Act relative to Massachusetts Solar Access Law

194th Legislature (2025-2026) Introduced by Michelle Badger

Protect rooftop solar access by curbing HOA blocks and delays; HOAs may impose only reasonable roof restrictions. Courts adjudicate disputes, boosting rooftop solar for homeowners.

What this bill seeks to do

This proposed law aims to protect the ability of homeowners to install solar energy systems on roofs by limiting the ability of homeowners’ associations (HOAs) and similar organizations to unreasonably block or delay such installations. It also allows HOAs to impose only reasonable restrictions, and it requires certain standards to be proven in court when restrictions are challenged.

Key provisions

Section 1 – Amendments to Chapter 40A (zoning)

Amends the ninth paragraph of section 3 of Chapter 40A (the Massachusetts Zoning Act).

Adds two sentences focusing on solar access:

If local authorities seek to restrict the use of solar systems attached to permanent buildings, any damages or public health, safety, and welfare concerns must be proven in court.
No homeowners’ association or other owners’ organization shall unreasonably refuse or unreasonably delay the installation of solar energy systems or the construction of structures that facilitate solar energy collection on roofs, in relation to Section 25 of Chapter 183A.

Section 2 – Additions to Chapter 183A (Homeowners’ Associations)

Adds new Section 25 to Chapter 183A (as amended by 2024 legislation).

Prohibits HOAs/organizations of owners from unreasonably refusing or unreasonably delaying solar installations on roofs.

Allows HOAs to impose reasonable restrictions on the installation of solar energy systems or related roof structures.

Establishes a standard that eligibility for restrictions is limited to those that are reasonable, not arbitrary or capricious.

Who would be affected

Homeowners within HOA communities: Stronger protections to install solar on roofs; potential limitations on HOA-imposed restrictions.

Homeowners’ associations and organizations of owners: Must refrain from unreasonably blocking solar installations and must enforce only reasonable restrictions.

Local authorities and municipal courts: Involved in adjudicating disputes where restrictions to solar installations are challenged under the proposed standard.

Solar installers and developers: Potentially smoother processes for rooftop solar deployment, subject to reasonable HOA restrictions.

Procedural and timeline notes

Introduced: January 10, 2025 (House Docket No. 555; House No. 3996).

Sponsor: Representative Michelle L. Badger (1st Plymouth).

Status: Proposed bill in the 2025-2026 General Court session. The text provided reflects the version submitted with the petition and does not indicate passage or enactment.

Practical impact and considerations

The bill codifies a presumption in favor of solar access on rooftops and limits HOA authority to impose delays or prohibitions, provided restrictions are reasonable.

It adds a formal mechanism for challenging HOA decisions in relation to solar installations, potentially increasing the speed and success rate of rooftop solar projects.

Definitions of “unreasonably” and “reasonable restrictions” are key policy questions that will shape how strictly HOAs must accommodate solar installations in practice.

If enacted, municipalities and courts would apply these standards when evaluating disputes over solar access on permanent buildings.

Bill