Legislative Update: Pennsylvania House Bill 1239 (Solar Access for HOA Communities)
Legislative support to lift condominium and homeowner association restrictions on the installation of solar panels dates to the 1970s. More than 35 states have since adopted so-called “solar access laws”, seeking to prevent associations from imposing outright bans or unreasonable restrictions against homeowner installation of solar panels. First introduced by Representative Liza Hanbridge in 2023, Pennsylvania House Bill 1239 (HB1239) follows this national trend. HB1239, which similarly seeks to mitigate an association’s ability to govern “solar energy systems”, continues to advance through the Pennsylvania General Assembly.
HB1239 applies to solar energy system installation on a “detached roof”, which is “solely owned by an individual and is not designated as part of the common elements or controlled facilities in the governing documents of the association.” In other words, roofs which are owned and/or maintained by an association are not affected by the proposed legislation; these will continue to be subject to the restrictions imposed by the governing documents. While HB1239 protects homeowners’ rights to install and use solar energy systems (on detached roofs), it preserves an association’s ability to adopt reasonable regulations to address safety and aesthetic concerns. Specifically, the bill permits associations to require that the solar energy system installation;
- meet applicable state and local health and safety requirements;
- is certified by applicable nationally recognized certification agencies;
- comply with applicable building and electrical codes;
- address color and visibility of brackets, wiring, and piping;
- include a requirement on unit owners to indemnify the association for damage caused by the installation, maintenance, repair, removal, or use of the system; and
- comply with reasonable rules imposed by the association regarding placement so as to maintain aesthetic qualities of the buildings and grounds.
In this respect, HB 1239 seeks to balance a homeowner’s ability to access renewable energy against the association’s interests in maintaining community safety and aesthetic standards and protecting common property.
Having been approved by the Pennsylvania House of Representatives on July 1, 2026 (by a vote of 109-93), HB1239 was referred to the Senate Urban Affairs & Housing Committee on July 9, 2026, where it is currently pending review. The Urban Affairs & Housing Committee may hold hearings or consider amendments, and will ultimately decide whether to submit the bill to the full Senate for consideration. Once approved by the committee, HB 1239 will proceed through the Senate’s legislative process, including floor debate, potential amendments, and a final vote. If approved by the Senate without amendment, HB 1239 will be presented to the Governor for signature. Any amendments which the Senate may propose would need to be reconciled with the House before submission to the Governor.
From a practical standpoint, associations, community managers, and developers should be aware of the momentum of HB1239. Pennsylvania will likely soon pass some form of solar access law, seeking to establish statutory protection for solar energy systems while preserving the right of associations to impose reasonable rules governing safety and appearance.
