Solar Roof Panels in PA

Don't look outside your HOA for this. Your answer is in your CC&R's or with the ACC. (Archectual Control Committee). If your HOA doesn't have the language or restrictions written in their documents, then write it in. It may be time to update your documents. Technology changes since your documents were written and laws change. I compare this to the old satellite dishes. The 80's those dishes used to be 10 foot circular eyesores. That meant that many HOA's wrote rules to disallow them. Forward 10 years and satellite dishes have shrunk and no longer the eyesores they used to be. However, the CC&R's haven't been updated to reflect this. So many get denied satellite dishes because it's in the doc's to disallow.

Green energy options fall under similar circumstances. However, green energy is a relatively new area for older HOA's. It was never written into their doc's or limited certain kinds that is now more eye pleasing. In the end it is up to the membership to decide what is acceptable. Have a special meeting to address this issue and decide if this option will be appropriate to have. It may be that even the solar panels need to be researched a bit and limit the type of options due to consistency issues. Once these issues are addressed then find a lawyer and write them up, update the rules, and let everybody know the rules.

This isn't a cheap option but a necessary one. The ACC will need to reflect this change as well if there is one. It's best to have it in the rule books with the restrictions in the long run than just by-law ammendments and HOA memo's.

This is one of “those issues” (solar panels, allowed or not) where “which State” can matter.

For example a recent Vermont State Statute “trumps” deed restrictions, covenants:
§ 544. ENERGY DEVICES BASED ON RENEWABLE RESOURCES

(a) No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting solar collectors, . . .

CharlieD1,

You may have found these when searching – if not you might be interested:

http://www.solarabcs.org/about/publications/reports/solar-access/pdfs/SolarAccess.pdf

http://www.greenrightnow.com/wabc/2010/01/21/pennsylvania-man-denied-permission-to-install-solar-panels/

http://xfinity.comcast.net/articles/news-national/20120425/US.Solar.Disputes/

as per: http://www.ehow.com/facts_7264064_pennsylvania-law-residential-solar-power.html



bill was (overwhelmingly) passed: http://www.legis.state.pa.us/CFDOCS/Legis/RC/Public/rc_view_action2.cfm?sess_yr=2009&sess_ind=0&rc_body=H&rc_nbr=1637

Charlie,

You should also be aware that the bill has not yet become law. Since this was a 2010 bill, it might have even died (it's hard to tell).

Until the State establishes a law, Associations would be free to adopt their own policies and guidelines.

If your on the board or making a proposal to the board, you should be aware that solar cells have come a long way. Newer developments have made the panels smaller and more efficient. Unfortunately, if the Board hasn't done it's research, it's likely that they will equate the term "solar panels" to the old (and probably still available) style that were not very aesthetically pleasing. This type of thinking may cause knee jerk disapproval to any application.

Tim