Solar Panels on Condo Roofs: What’s Changed, What Condo Boards Can (and Can’t) Restrict, and Why CSL Compliance Matters (MA + RI)

Caroline Brodsky • January 20, 2026

Condo boards and property managers across New England are seeing a big uptick in requests to install solar rooftop. The friction usually isn’t about “solar” itself—it’s about who controls the roof, how common areas are altered, liability/insurance, and whether the association can say “no.”



Below is a practical, board-friendly overview of the most relevant “new” and newly emphasized legal guidance in Massachusetts (plus important Rhode Island notes), and how CSL (Construction Supervisor License) regulations fit into the approval and permitting process.


1) Massachusetts: Condo roofs, solar requests, and the “unreasonable restriction” standard


The core Massachusetts solar-rights rule (and why it matters to condos)


Massachusetts General Laws Chapter 184, Section 23C says that any provision in a real-estate instrument that forbids or unreasonably restricts the installation or use of a solar energy system is void


For condo communities, that matters because master deeds, declarations of trust, bylaws, and rules are exactly the kinds of “instruments” that can end up restricting rooftop installations.


A key recent Massachusetts condo-rooftop solar case (Land Court)


A Massachusetts Land Court decision involving a condo unit owner who requested solar rooftop (on a roof that was part of the common area) is helpful because the court explicitly addressed whether §23C applies in the condominium context.


The court found §23C applies to condominium provisions, but it did not automatically void provisions that require trustee approval, especially where the documents require “reasonable discretion.” In other words: boards may still have an approval process, but they can’t use it as a blanket “no solar ever” policy. 


Pending / proposed legislative pressure to clarify condo compliance


That same case record referenced House Bill 3685 (“An Act ensuring solar energy access”) as proposed legislation that would clarify which associations must comply and what counts as an “unreasonable restriction.” Even when bills don’t become law immediately, they signal where policymakers are pushing, and why boards should expect more scrutiny around denials that aren’t well documented. 


Practical takeaway for MA condo boards


In Massachusetts, the safest approach is:

Yes, you can require an approval process (plans, engineering, insurance, aesthetics, licensed installation, indemnification, maintenance plan).

No, you generally can’t rely on deed/bylaw language to impose a blanket prohibition or stall indefinitely if the net effect is an “unreasonable restriction.”


For a board-ready, operational resource, Massachusetts also has a dedicated “Solar Guide for Condominium Owners and Associations” (DOER/CESA) that covers ownership models, approvals, and common-area issues. 


2) Rhode Island: Watch the contract documents and note new consumer/installer rules

Rhode Island’s solar landscape has been evolving, but much of the “new” statutory movement recently has focused on consumer protections and solar retail/installer disclosure requirements (not necessarily HOA/condo “solar rights” the way Massachusetts frames §23C).


For example, Rhode Island’s Office of Energy Resources highlights that solar installers/sales companies must meet registration requirements under the state’s Residential Solar Energy Disclosure and Homeowners Bill of Rights framework. 


What does that mean for condos in RI:

• Condo boards should pay extra attention to vendor legitimacy, documentation, and contract/disclosure compliance.

• Your condo’s governing documents (and the state condo statute framework) still heavily influence what’s allowed on common elements like roofs. 


3) The board’s real job: approve solar without inheriting risk


Even where laws favor solar access, boards are still responsible for:


Structural safety (roof loading, attachments, wind uplift)

Waterproofing and warranty impacts (penetrations/flashing details)

Fire code / electrical compliance

• Insurance and indemnification

• Maintenance access and removal obligations

A clear “who owns what” plan (panels, racking, inverters, conduits)


A good approval policy doesn’t try to “kill” solar—it sets clear requirements and timelines so the board can say:


“Yes, if you meet these safety, design, insurance, and maintenance standards.”


4) CSL Regulations: why licensing matters when a condo roof becomes a construction site (Massachusetts)


If you’re a condo board or property manager in Massachusetts, CSL (Construction Supervisor License) compliance is one of the fastest ways to reduce project risk.


What CSL is (in plain English)


Massachusetts requires oversight by a properly licensed construction supervisor for certain types of work, especially work that touches structural, building-envelope, or permitted construction activity. The state also emphasizes that CSL requirements are tied to the building code and permitting, and you should confirm specifics with the local building official. 


CSL vs. HIC (and why boards should care)


Massachusetts is very explicit that HIC registration and CSL are not interchangeable. HIC registration applies broadly to contractors working on existing 1–4-unit owner-occupied residential properties, while CSL is a separate credential obtained through the Office of Public Safety and Inspections for work requiring construction supervision. 


For condo boards, the key point is roof work is rarely “simple.” Even if the solar contractor handles the panels, you often need coordinated trades for roofing, carpentry, waterproofing, or structural repairs, exactly where CSL-aligned supervision and permitting rigor become important.


5) A simple condo rooftop solar approval checklist (board-ready)


1. Confirm roof ownership/common area status (governing documents)

2. Require a stamped structural review if roof loading/attachments are involved

3. Require waterproofing details (flashing method, warranty impacts, roof age considerations)

4. Require electrical/fire compliance plan (disconnects, conduct routing, labeling, access clearances)

5. Require insurance + indemnification (unit owner and/or vendor)

6. Require a maintenance and removal plan (end of life, roof replacement scenario)

7. Require a defined board review timeline (avoid “unreasonable delay” risk)

8. Confirm licensing + permits (including CSL/HIC as applicable, coordinate with municipal requirements)



How Landmark Associates can help (the “make this easy” option)


Rooftop solar on a condo isn’t just an energy decision, it’s a roof, waterproofing, structural, and risk-management decision. Landmark Associates supports condo and multifamily properties with the trades that most often get pulled into these projects—roofing solutions, structural repairs, exterior envelope restoration, masonry/waterproofing, and full project management.

 

If your board is considering rooftop solar (or dealing with a complex request), we can help you:

• evaluate roof condition and readiness,

• scope the building-envelope risks,

• coordinate repairs and access logistics,

• and support a clean, documented plan that reduces surprises.


Want help reviewing a proposed solar plan or preparing your building for it?

Call 508-482-0104 or email [email protected]


By Caroline Brodsky April 15, 2026
Getting denied for an Accessory Dwelling Unit (ADU) in Massachusetts can feel like a dead end, but in most cases, it’s not. 
By Caroline Brodsky April 10, 2026
Why Weather-Resistant Barriers Matter Exterior building systems are designed to protect a structure from water, air infiltration, and long-term structural damage. One of the most important components of that system is the weather-resistant barrier (WRB) —commonly known as house wrap. Despite how widely it’s used in modern construction, house wrap is often misunderstood. Many homeowners believe it completely blocks water or acts as a vapor barrier. It serves a more specific and important role within the building envelope. Understanding how house wrap works—and how it should be installed—can help property owners prevent costly moisture damage and improve energy efficiency. What House Wrap Actually Does House wrap is a protective membrane installed over exterior sheathing before siding is applied. Its job is to act as a secondary barrier against weather while still allowing moisture inside the wall system to escape. A properly installed house wrap helps: • Reduce water intrusion • Limit air infiltration • Allow moisture vapor to escape • Protect the building envelope during construction • Improve overall energy efficiency Common products used in construction include materials such as Tyvek and Typar, both designed to manage moisture while maintaining breathability. However, house wrap alone is not a complete waterproofing system. It works as part of a larger system that includes flashing, sealants, siding, and proper drainage. Common Myths About House Wrap Myth 1: House Wrap Is Waterproof House wrap helps shed water, but it is not designed to be a primary waterproof barrier. Proper flashing, siding, and installation details are required to keep water out of the wall system. Myth 2: House Wrap Is a Vapor Barrier House wrap is vapor permeable, meaning it allows moisture vapor to escape from the wall assembly. This helps prevent condensation buildup that can lead to mold or rot. Myth 3: All House Wrap Products Perform the Same Performance varies based on material quality, permeability ratings, and installation methods. Even high-quality products can fail if installed incorrectly. Myth 4: Once Installed, It Requires No Attention If flashing details, seams, or penetrations are handled poorly, water can still enter the building envelope. Installation quality matters just as much as the product itself. Why Proper Installation Matters Most water intrusion problems don’t come from the material itself. They come from installation errors. Manufacturers have very specific installation instructions for the product to perform as designed and approved. For instance, compatible tape products are not all the same and it is best to utilize the tape that comes from the manufacturer of the barrier and not mix and match products. In comparison, Zip wall panels are believed to incorporate the barrier into the product to save on the material and labor of installing the Vapor Barrier. This is not true. Zip wall panels are not a plywood sheathing product, it is an OSB (Orient Strand Board) with a very thin coating over the board. Across our industry the boards are installed incorrectly where only the seams between the panels are taped, but the nail holes at the attachment points are not sealed. When moisture enters the cavity area for any reason (exterior or interior via condensation etc.) and is able to get to the OSB board itself, the board will absorb the water and fall apart much more quickly than an actual plywood sheathing. Key steps in proper installation include: Surface Preparation Sheathing should be dry, clean, and securely fastened before installation begins. Correct Overlaps Wrap should be installed in horizontal layers with manufacturer-specified overlaps to prevent water penetration. Sealing Penetrations Windows, doors, vents, and other openings must be properly flashed and sealed. Tape and Seam Protection Compatible tapes should be used to seal seams and maintain air-barrier continuity. Inspection The installation should be inspected for wrinkles, gaps, or damaged sections before siding is installed. Even small installation mistakes can compromise the entire system. The Role of House Wrap in Building Durability When installed correctly, house wrap contributes to several long-term benefits: Energy Efficiency Reducing air leakage helps maintain interior temperature and can lower heating and cooling costs. Moisture Management Allowing trapped vapor to escape helps prevent mold, rot, and structural damage. Longer Building Lifespan A properly protected building envelope reduces maintenance issues over time. These benefits make weather-resistant barriers an essential part of modern exterior construction. When to Call a Professional Property owners should monitor their exterior envelope for early signs of failure, including: • Peeling siding • Interior moisture stains • Mold or mildew odors • Visible gaps around windows or trim If these issues appear, it may indicate problems with flashing, siding, or the weather barrier system behind it. Construction professionals can inspect the exterior envelope and identify whether repairs or upgrades are needed. The Bottom Line House wrap plays an important role in protecting a building—but it is not a standalone solution. Its effectiveness depends on: • Product quality • Proper installation • Integration with flashing and siding systems When these elements work together, house wrap helps protect a property from moisture damage, improves energy performance, and contributes to the long-term durability of the structure. At Landmark Associates, our team focuses on delivering clear communication, reliable construction practices , and properly executed building envelope systems to ensure every project performs as intended. Need Help Evaluating Your Exterior Envelope? If you’re planning side replacement, exterior repairs, or renovation work, a professional evaluation of your building envelope can help identify potential risks before they become costly problems. Contact Landmark Associates to schedule a walkthrough and discuss the best approach for protecting your property.
By Caroline Brodsky March 23, 2026
The housing affordability crisis continues to impact communities across Massachusetts and the broader U.S. Rising construction costs, regulatory complexity, and limited housing supply have made it increasingly difficult to build, renovate, and expand housing inventory. Recent executive actions announced at the federal level aim to address these challenges by reducing regulatory barriers, accelerating project approvals, and increasing housing development opportunities. For property owners, developers, and asset managers, this signals a shift — and an opportunity.