New Indiana state law, House Enrolled Act 1196, creates a pathway for people in restrictive HOA's to go solar. While the law still imposes large hurdles on homeowners, an HOA can no longer claim a blanket prohibition on solar panels with no means for a homeowner to appeal.
Introduced as House Bill 1196, the Indiana General Assemble Digest noted,
"Homeowners associations and solar power. Provides that: (1) a homeowners association may require certain screening and preapproval procedures before an owner of a dwelling unit may install a solar energy system; and (2) a homeowners association may prohibit the installation, use, or removal of a solar energy system under certain circumstances."
The legislation was co-sponsored by Indiana State Senator Linda Rogers (R-Granger), which had a roll call vote of 84-7. On March 10, 2022, Indiana Governor Mike Holcomb signed it as Public Law 73.
[Added February 2023: See full text of Indiana Code Title 32, Article 25.5, Chapter 3.5 at Chapter 3.5 - HOMEOWNERS ASSOCIATION RESTRICTIONS ON SOLAR ENERGY SYSTEMS (§§ 32-25.5-3.5-1 — 32-25.5-3.5-5). ]
The Indianapolis Star writes, "The homeowner must gather enough signatures: The lesser of 65% of residents or what is required in the bylaws." That can still be a high bar, and is comparable to the percentage many HOAs require to change covenants or Bylaws. However, HEA 1196 opens the door for individuals to seek neighbor support for solar arrays that are clearly not objectionable.
In KPvillas, the solar panel prohibition is a Rule, which requires only 3 of 5 HOA Board Members to alter the Rule. The KPVA Covenants state the Board must notify homeowners if they are considering a Rule change. In January 2022, the Board declined to reconsider the blanket prohibition.
At the 2021 KPVA Annual Meeting, residents requested information on solar panels and solar panel issues. Despite the homeowner request, the Board has declined thus far to share the KPvillas.org link where that information is archived. [Update: archives of the Solar Panel topic are relocated at https://www.kpvillas.org/solar-energy.]
Paralleling the spirit of the new Indiana law, the document Energy Independence Out of Sight opined that we can enjoy the benefits of solar panels when they are not visible. The KPVA Board vote opposing any solar panels was 5-0.