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]
