North Carolina G.S. § 22B-20 & Belmont v. Farwig Supreme Court Precedent
How the North Carolina Supreme Court landmark decision in Belmont Association, Inc. v. Farwig (2022) struck down HOA "general aesthetic" denials of front-facing rooftop solar panels under N.C.G.S. § 22B-20.
1. Controlling Statutory Protections & Legal Thresholds
- §Under N.C.G.S. § 22B-20(b), any deed restriction, covenant, or similar binding agreement that runs with the land that would prohibit, or have the effect of prohibiting, the installation of a solar collector on a residential property is VOID and UNENFORCEABLE.
- §In Belmont Association, Inc. v. Farwig, 381 N.C. 306 (2022), the North Carolina Supreme Court ruled that an HOA CANNOT use general architectural review or "improvements" covenants to deny front-facing (street-visible) solar panels.
- §Even if an HOA has an explicit covenant specifically addressing front-facing pitched roofs under § 22B-20(d), the HOA STILL cannot prevent front-facing panels if moving them to the rear roof reduces operating efficiency by more than 10 percent (§ 22B-20(c)).
- §Under § 22B-20(e), in any civil action arising under this statute, the court SHALL award costs and reasonable attorneys’ fees to the prevailing party.
Belmont Association, Inc. v. Farwig (381 N.C. 306, 873 S.E.2d 486 — NC Supreme Court 2022)
The North Carolina Supreme Court held that general HOA architectural review guidelines banning visible front-roof solar panels have "the effect of prohibiting" solar installation and are void under N.C.G.S. § 22B-20(b), ordering the HOA to pay the homeowners’ legal fees.
2. How to Document Your 10% Efficiency / Cost Proof (Step-by-Step)
Inspect your HOA’s recorded Declaration of Covenants (CC&Rs)—not unrecorded ARC guidelines—to verify whether an explicit recorded covenant under § 22B-20(d) even exists.
Run NREL PVWatts for your North Carolina address comparing the front roof vs. rear roof azimuth.
Show that moving panels to the rear roof causes >10% efficiency reduction (triggering § 22B-20(c) protection even if an explicit covenant exists).
3. 1-Click Pre-Litigation HOA Statutory Demand Letter
Send via Certified Mail (Return Receipt Requested) and email to your HOA Board and Property Manager with your NREL PVWatts PDF attached.
VIA CERTIFIED MAIL NOTICE OF STATUTORY VIOLATION: N.C. GEN. STAT. § 22B-20 & BELMONT V. FARWIG To: Board of Directors & Architectural Review Committee (ARC) Association: [Insert NC HOA Name] Property Address: [Insert Homeowner Address] Re: Unlawful Denial of Rooftop Solar Installation — N.C.G.S. § 22B-20 Dear Board Members, I am writing in response to the Architectural Review Committee's denial/condition dated [Insert Date] concerning the proposed rooftop solar photovoltaic installation at my residence. Under North Carolina General Statute § 22B-20(b), any covenant or restriction that prohibits or has the effect of prohibiting the installation of a solar collector is void and unenforceable. In the landmark North Carolina Supreme Court decision Belmont Association, Inc. v. Farwig, 381 N.C. 306 (2022), the Supreme Court held that an HOA may NOT rely on general architectural approval covenants or unrecorded ARC guidelines to prohibit solar panels on a street-facing front roof. Furthermore, under N.C.G.S. § 22B-20(c), no restriction may be enforced if it would reduce the operating efficiency of a solar collector by more than ten percent (10%). As confirmed by the attached NREL PVWatts simulation, relocating our solar array from the [South/West] roof slope to the rear roof slope reduces annual system operating efficiency by [e.g., 27.4%], far exceeding the 10% statutory threshold. Please take notice that under N.C.G.S. § 22B-20(e), the prevailing party in any civil action under this statute is entitled to mandatory court costs and reasonable attorneys' fees. Please issue written ARC approval within ten (10) business days. Sincerely, [Homeowner Name] Enclosures: N.C. Supreme Court Belmont v. Farwig Summary, NREL PVWatts Report
Frequently Asked Questions
What did the NC Supreme Court rule in Belmont v. Farwig?
The NC Supreme Court ruled 7-0 that an HOA cannot use standard architectural control clauses to ban solar panels on a front street-facing roof, and even an explicit solar location covenant is void if an alternate location loses more than 10% efficiency.
Can an NC HOA pass a new ARC guideline banning front-roof solar panels without amending the recorded Declaration?
No. Under Belmont v. Farwig, only a formally recorded deed restriction meeting § 22B-20(d) can regulate front-facing slopes—and even then, it cannot cause a >10% efficiency reduction.