HOA's and solar panels

zl700July 30, 2008

How long do you think Home owner associations will be able to restrict and not allow solar energy legally?

Who will challenge and sue first?

Will there be a precident to quote legally to fight the HOA to allow installing energy conservation measures?

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haus_proud

The HOA in our subdivision has an architecture committee that reviews proposals for renovations that affect the exterior appearance of homes. I assume your has one also. It all depends on the personalities and attitudes of the persons in charge. If they are very rigid, and refuse to allow reasonable changes that do not affect the aesthetics that much, you have a problem. The only recourse is to organize homeowners who agree with your approach and, if there are enough of you, to vote the incumbents out of office at the next election. I think that strategy is more sensible than taking legal action because lawyers cost money and then everyone loses.

Getting people on your side is an uphill effort. You have to show them the numbers -- how much they stand to save with solar panels. You also have to obtain really good, large, full color photos to demonstrate that what you have in mind is not so unsightly after all. All of this will take time and a lot of patience. And in the end may not succeed because most people who choose to live in a subdivision where there is a HOA do so for a reason -- they want thinks to "look nice." Good luck.

    Bookmark   August 1, 2008 at 7:43PM
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davidandkasie

i have read about laws in certain areas that even restrict what a NEIGHBOR can do if it will affect someone else's panels. i bet in those areas( i think it is the republic of California), a HOA won't have a leg to stand on.

    Bookmark   August 3, 2008 at 12:20AM
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zl700

I'm familiar with what you are noting David or Kasie. Blocking ones collection source is against the law in some areas or states.

I'm familiar with HOA's standard SOG's as most are copies shared and identical. All HOA's I bet have arch committees to review exterior modifications, my question was anyone challenge the energy side of the "nothing but plumbing vents and stacks" on the roof yet?

    Bookmark   August 4, 2008 at 12:46PM
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chris8796

It is a state level issue, some states (AZ) already limit the ability of HOAs to restrict solar energy use. I would agree with Haus in the fastest way to change the HOA is to become an active/elected member.

    Bookmark   August 4, 2008 at 5:09PM
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