Energy Saving Devices - storm doors

Ralph,

What Vermont law are you referring to (statute number/name perhaps a link to it)?

Does your HOA require prior approval before making changes to your home?

Did you ask for and get approval prior to installing the door?

Do other homes within your HOA have storm doors?

Does your Declaration of Covenants, Conditions and Restrictions prohibit storm doors?

Does your HOA have any guidelines concerning storm doors (size, style, color, prohibited, etc.)?

Without reading the law you are referring to (as there could be language in there that could have me amend my response), if your HOA is typical of other HOA's and require prior approval before making changes to the exterior of your home and/or property and you failed to do that - you would be in violation. Typically, the Association could require that you remove the item (what ever it is) until this procedure is followed and the item is approved. Failure to comply can result in fines or worse. Some Associations are willing to take an application after the fact but some will refuse to consider the application until the item is removed.

Tim

RalphR,

Please confirm that you are a HOA and not a Condominium Association.

RalphR,

I apologize for re-asking. But I am still a bit confused.

You wrote “there are 20 storm doors, but only on the back of the units”. The word “units” is not typically used when referring to stand alone “individual houses”. Are you possibly talking about Town Houses?

TO answer your question there are 10 buildings, 2 floors plus a half basement - Townhouses, with 4 or five units in each - about 45 owners, plus a commercial section.

I think the Vermont Energy Act could override the by-laws - guess I have to get a lawyer! Thanks.

http://www.jsonline.com/realestate/29193554.html

Article is 2006 so the tax credit may not apply but even if it doesn't, at some point the gov't paid a credit for storm doors BECAUSE they improve energy efficieny.

I was only thinking of heat loss but the article also mentioned reduced AC load potential.

"• Tax credit: U.S. consumers are eligible for a one-time tax credit of up to $500 for installing qualifying storm doors and other energy-efficiency home improvements on their primary home. The tax credit will pay for 10% of the storm-door cost, but not installation."

We received a tax credit (in 2010) from the state of Vermont for the storm door we installed without permission. We put furring on the main door for a secure close. Efficiency Vermont suggested a storm door for the air lock. In doing a lot of research into alternatives - one of which was a new door - the storm door was the best. We submitted our criteria and research to the board, but they denied permission with undisclosed 'good' reasons, disregarding the Vermont Energy Act of 2009. If anyone has some experience in Vermont with energy solutions or use of the Vermont Energy Act of 2009, please let me know. Fortunately I have the summer and fall to figure this out before winter.

RalphR,

The answer to your question probably hinges around who owns what.

Is your Unit described in terms of Horizontal and Vertical boundaries, from the wallboard inward, and the space it encloses?

And is the outside of your buildings described as “Common” and Association responsibility to maintain?

Again assuming you are relying on this language

"No deed restrictions, covenants, or similar binding agreements running
with the land shall prohibit or have the effect of prohibiting solar collectors,
clotheslines, or other energy devices based on renewable resources"

I think you're really groping here.

The sentence says you can't prohibit "energy devices...based on renewable resources.

There are examples provided

solar collectors <> sun
clotheslines <> wind

What renewable resource is a storm door based on?

I believe that Fred is correct. Based on reading The actual law vs. the bill the statute clearly states that it is based on renewable resources.

Just as you need solar collectors to change solar energy to electrical energy, clothes lines were added since you need clothes lines to convert solar and wind energy into a clothes dryer.

I don't see how a storm door is "based on renewable energy". Based on the responses on this forum it appears that others have a similar opinion. Therefore, it's possible that a reasonable person (legal term) would also not concur with your interpretation of this section.

No-one would argue that a properly installed and maintained storm door may lower the cost of heating/cooling your home. However, those same benefits could be achieved with a properly installed and maintained entry door as well. Automatic closures could be installed on the entry door and proper weather stripping would give an "air lock". Additionally, newer entry doors are better insulated - which would also be beneficial.

Please let us know what your government contact says.

If they do agree with you, you still need to get approval prior to installing the door. I would suggest a process of educating the committee making the decision in what you have discovered. Provide links, any legal opinions, etc. that provides justification to install the door along with drawings and color of the door. If they still say no - you will need to go to court to challenge the decision. If you just install the door after being told no, you should expect full enforcement of the covenants by the Association. This may include fines, legal fees or, worst case, foreclosure of your home.

Tim

> The crux of the issue will be Vermont's definition of "renewable resources".

Not quite. You also need the definitions for "energy devices" and "based on."