Solar Panels ?? Any advice??

Started by MichelleC7 • 6 replies • 1459 views

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MichelleC7 (California)
Posts: 108

Posted:

Our HOA has been on and off the solar panel wagon.

Literally of all the 10+ years I have been here its been brought up but that is about it.

LIving in California we have alot of sun. I'd like to know where I can start looking as it is obvious our board is busy and it's not a priority.

Please advise.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Solar panels for what?

The homeowner typically needs to request permission to make exterior changes. They can check local statutes to see if there is anything that can support their installation and include that reference in the request.

Here is a link to davis-stirlings green issues menu. They have a whole section on solar panels.

If the solar panels are for the common area and installed by the Association, the Association has to comply with local codes, laws and the CC&Rs. Perhaps you can offer to chair a committee to do the leg work and make recommendations.

Tim

KennethS2 (California)
Posts: 36

Posted:

SOLAR ENERGY SYSTEMS
California promotes the use of solar energy systems. Accordingly, associations cannot (i) prohibit solar energy systems, (ii) impose restrictions that significantly increase their cost, or (iii) impose restrictions that significantly decrease their efficiency. Civil Code §714.

MichelleC7 (California)
Posts: 108

Posted:

Quote:

Posted By KennethS2 on 07/05/2012 1:10 PM
SOLAR ENERGY SYSTEMS
California promotes the use of solar energy systems. Accordingly, associations cannot (i) prohibit solar energy systems, (ii) impose restrictions that significantly increase their cost, or (iii) impose restrictions that significantly decrease their efficiency. Civil Code §714.

Huge help.. thank you so much!!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mich

It might not be as cut and dried as some think. In what was posted the word "significantly" reduce could be interperted to mean maybe not mounted the most efficient place.

In golf there is a ruling that says the "nearest point of relief" but quite often the "nearest point of relief" is not the "nicest point of relief" and the "nearest point of relief" could put one in a more difficult position so best not to exercise the "nearest point of relief" rule.

Bottom line is an association does not have accept what one might think they have to do based on the word "significant".

I do not disagree with solar panels...but....

WillK1 (New Jersey)
Posts: 43

Posted:

Our utility company (in NJ) seems to be a useful source of info. You didn't say what kind of info you were looking for so that's all I suggest for now. Might help to know what sort of vision you had for solar usage.

Also, start finding out what other board members really feel about solar. Determine how much a battle you mght have ahead of you. It would be nice if they were all just waiting for aomeone like you to lead the charge.

Good luck.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Arizona has a similar statute. The AZ Court of Appeals ruled against an HOA that sought to impose burdensome restrictions on a solar energy installation. You can read that opinion online at http://caselaw.findlaw.com/az-court-of-appeals/1320811.html.

The above AZ case has a reference to a California decision that you might want to look at. The case is Palos Verdes Homes Ass'n v. Rodman, 182 Cal.App.3d 324, 328, 227 Cal.Rptr. 81, 83 (1986).

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