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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114799
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Our home has little natural light and we want to install

Customer Question

Our home has little natural light and we want to install solatubes to fix the problem. Our HOA has "ruled" that the tube tops can only be installed on a side roof. We don't have a side roof - just front to back. We would install on the backside of the house. We live in South Carolina. Thank you.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the American Clean Energy and Security Act did not pass the Senate and did not become law, which would have prevented HOA from restricting solar energy. However, because it did not pass, you need to look to state law. South Carolina does NOT have any laws mandating the allowance of solar panels, unlike North Carolina. Thus, you would need to file for a waiver with the HOA and ask for them to grant you a waiver because of the design of the home does not provide a side roof so it is impossible to follow their HOA rules. However, the HOA in SC can refuse to allow the solar panels.