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KeithP2 (Maryland)
Posts: 3
Posted:
Hi:

I am a new board member for a community in Maryland, and we are interested in developing bylaws regarding use of solar energy technology. Maryland law states that an HOA may not impose unreasonable limitations on the installation of a solar collector system on the roof or exterior walls of a person's property, where unreas significantly increases cost of solar system; or significantly decreases the efficiency of the solar collector system.

We are wrestling with what constitutes a significant cost increase or efficiency decrease. Have any of you established solar guidelines under such constraints? And if, so would you be willing to share your approach with us?

I have found some references to this in California where litigation has defined it as 10% cost increase/efficiency decrease. But was hoping there were some examples closer to Maryland.

Any input would be greatly appreciated.

Keith
TimB4 (Tennessee)
Posts: 21,044
Posted:
Keith,

I went to our Associations lawyers web site to see what they had to say in their newsletters about the law:

Legislation was passed which applies to both Condominium Associations and Property Owners Associations regarding the regulation of solar collector systems. It prohibits condominium and homeowners associations from unreasonably restricting the placement of solar collector systems on areas within owned by or within the exclusive use of the lot or unit owner. In addition, owners may request a solar easement over common property to maximize the sunlight collected by the solar panels installed within their lot or unit.

According to the newly adopted legislation, a restriction on the placement of solar panels will be deemed unreasonable if it significantly increases the cost of the system or if it
significantly decreased the efficiency of the system.

Please contact one of our community association attorneys if you have any questions.

With the law allowing a member to request an easement on the common property, I would strongly suggest running what ever you draft by your attorney prior to enacting it.

Personally, I would not allow anyone to have an easement onto the common property. I would also specify in your regulation that the Association will not be required to prune tress on the common property that may interfere with any solar panel's efficiency or installation.

Hope this helps,

Tim
DonnaS (Tennessee)
Posts: 5,671
Posted:

Keith,

From the solar powers aspect of this, the collector panel(s) must have a specific orientation to the sun to power the system. The collector's direction must be specific to your area and everyone must follow that direction to make the systems work. If the HOA restricts placement of the collector, then you lose efficiency. If the HOA says that the collector can only go in a back yard and there are nothing but trees and shade, then the system would not work at all. This is where the HOA now must adapt to the 21st century and have a little flexability on conservation methods. Yea to Maryland for giving instructions to engage in new technology.

Keep in mind, new systems have really, really small but efficient collectors so the arguement of them being ughy is totally mute. They even come in colors...WOW!

For instance, on the equator, the collector goes STRAIGHT UP...facing the sun.in your area the orientation is Others may find this installation guidelines on www.freesunpower.com and click on "example systems"

Keith, your area reccomends that the collector inclination at arould 39 to 51 degrees. There are charts that will help to determine where they need to be facing. With this in mind, rules must be adoptted to allow for correct installs.

This You Tube shows some of the donated solar systems that were installed in Haiti after the earthquake. NOTICE THE SIZE OF THESE COMMERCIAL SIZE SYSTEMS.

"http://www.youtube.com/watch?v=-Fqr9pgCZ8c

P.S. My Husband is a solat lighting engineer for a commercial lighting company in Florida, land of sunshine and solar power heaven.
JonD1
Posts: 2,350
Posted:
What a can of worms. IMO I would guess not many Board memebrs have the knowledge or information to draw up a complete document covering all the aspects of solar installations.

And any documents now put together might be forced to change with any future court ruling.

And I understand an attorney might address the legal aspects but then you are left with the actual mechanical nuts and bolts that would be left to the association.

Size, color, installation method, insurance, wiring, access, liability, costs to the association the list is endless.

And while I understand concept on paper the implementation is where the problems lie.

Are you going to allow installations on the roofs of buildings? Which will more than likely penetrate the roofing product.

What would that do to any warranty on the roofing? My guess void it.

Wiring? How would you allow the wiring to be run from say one first floor unit up to the roof? Thorugh the second floor unit
on the exterior of the building? And by what method?

No two installtions we be the same due to material, time of installtion and installer as I said IMO a real can of worms.

JeanneK3 (Maryland)
Posts: 562
Posted:
Hi Keith:
Welcome to HOA Talk. I bet a Maryland vender of solar panels can help you out. They must deal with this all the time.
Jeanne
RobW (California)
Posts: 279
Posted:
Are we talking about solar collectors that homeowners install on their own, single family dwellings?

Rob
JonD1
Posts: 2,350
Posted:
Well we could be talking about single family homes or in some cases these laws apply to condos, and townhouses.

Each has their own issues.
RobW (California)
Posts: 279
Posted:
I mean specifically in this discussion about the HOA in Maryland, Jon.

Rob
KeithP2 (Maryland)
Posts: 3
Posted:
Thanks for the input thus far.

To answer Rob's question, the homes in our Maryland community include town homes, single family homes, and duplexes; no condos or apartments.

I have tried several solar vendors in the area; thus far with no luck, but will keep trying.

Definitely will run any bylaws by our lawyers prior to moving on them.
RogerB (Colorado)
Posts: 5,067
Posted:
Keith, restrictions on solar power do not belong in the Bylaws. Bylaws are used to establish policies and procedures for the operation of the HOA. You could create restrictions by amending the Covenants or by the use of Rules and Regulations. However, I think it would be best to simply enforce your state and federal laws on solar power restrictions with no need to add restrictions under your HOA governing documents.
RobW (California)
Posts: 279
Posted:
To Roger's excellent suggestions, I would add a recommendation to establish an architectural control policy concerning solar installations and maintenance. This would be to protect both the homeowner and the HOA.

And by the way, as both the Architectural Control Committee chair and the Energy Committee chair for my HOA, I have researched solar as an option for our HOA, in hopes that we might be able to at least defray some of our common area electricity costs, and all I can say is: do a credit check before signing anything.

Rob
KeithP2 (Maryland)
Posts: 3
Posted:
Thank you. I was unclear of the difference between bylaw and architectural control policy (and probably still am). But I think we are probably looking at an amendment of our "Policy Resolution No. 3: Architectural Review Procedures and Guidelines" if anything.

Definitely agree that a control policy is needed to protect HOA from potential damage caused by installation or if they were to come free in a storm.
RobW (California)
Posts: 279
Posted:
Hi Keith,

The Bylaws describe the framework of the government of your Association.

The Articles of Incorporation (assuming your HOA is a corporation) define the corporation.

The CC&Rs (Covenants, Conditions, and Restrictions; may be called different things in different states) essentially define the community your HOA manages, and the contract all homeowners agree to abide by when they purchase.

The Rules and Regulations define the specific "rules of the road" that are not covered in the CC&Rs. For example, speed limits, animal control policies, hours the pool are in operation, noise limits, parking restrictions, etc.

Finally, there are the policy documents that may be very detailed, and typically focus on single subjects.

For example, you may have a maintenance policy that lists all of the elements that need maintenance,and whose responsibility (HOA or homeowner) it is to maintain them.

You may also have a plumbing policy that defines the responsibility for leaks and floods.

You may have an Architectural policy that describes what a homeowner can alter, what the HOA can alter, and whose responsibility it is to maintain, replace, repair any part of any structure, how to get approval, etc., etc.

Hope this helps.

Rob
TimB4 (Tennessee)
Posts: 21,044
Posted:
Keith,

Typically Architectural committees must approve any changes to the outside of the house. Architectural Guidelines are rules the Board adopts and publishes to the membership that the committee uses to determine if a change should be approved or not. In the absence of guidelines, a committee is fee to determine what is approved based solely on restrictions contained in the Covenants and their personal tastes.

Typically, what you are proposing would be a guideline vs. an amendment to the Covenants or bylaws.

Since it was pointed out that the panels now come in various colors, one item you might consider would be any limitations on the color of the panels, type of panels, etc.

PatreciaC (New York)
Posts: 2
Posted:
I was thinking of getting of solar panel for my home to get rid of the electricity bills and all and i am not aware of the procedure and best quality materials required for it.Do i assemble it or these are available in the market easily?Please suggest me so that i can enjoy this renewable energy.
TimB4 (Tennessee)
Posts: 21,044
Posted:
Patrecia has spammed the site and has been reported to the site admin.

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