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BuddyJ (Maryland)
Posts: 37
Posted:
Interested to know if any HOA has restrictions to limit additional solar panels on single family homes so homeowner cannot sell back electric to power company (known as Net Metering)? Our Arch Committee is proposing to add restrictions to our rules to limit the number of solar panels a homeowner can install so it only covers their actual usage. We would have all members vote to approve change as well. We currently have our 1st home requesting over 1,000 sq ft of solar panels for a 2,800 sq ft home.

Maryland Public Service Commission & Maryland Energy Administration has drafted a document to allow up to 200% of kWh from solar panels but this has not yet been approved/released.

Thank you
PitA
Posts: 1,416
Posted:
How on Earth would you enforce said restriction?

What part of the Covenant would permit y'all to inspect an owner's electric bill?

Are y'all insane?
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By PitA on 08/15/2015 6:31 AM
How on Earth would you enforce said restriction?

What part of the Covenant would permit y'all to inspect an owner's electric bill?

Are y'all insane?

Well said!

FredS7 (Arizona)
Posts: 927
Posted:
I can see why you MIGHT want to limit the total size of panels for aesthetic reasons BUT this may well be forbidden by federal/ state regulations.

I can't see any justification for attempting to tie this to actual energy usage. Not to mention the difficulty of implementing such a rule.

I don't know if you are talking owned or leased panels- but you may want to alert people to the issues with selling houses with leased panels.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Buddy,

Per Md. REAL PROPERTY Code Ann. § 2-119 (from lexis-nexis):

(1) A restriction on use regarding land use may not impose or act to impose unreasonable limitations on the installation of a solar collector system on the roof or exterior walls of improvements, provided that the property owner owns or has the right to exclusive use of the roof or exterior walls.

(2) For purposes of paragraph (1) of this subsection, an unreasonable limitation includes a limitation that:

(i) Significantly increases the cost of the solar collector system; or

(ii) Significantly decreases the efficiency of the solar collector system.

Therefore, the question would be if limiting the number of panels decreases the efficiency of the solar collector system. I suspect that it would not.

Now, the amount of electricity needed for a family of 2 vs. a family of 4 or more is certainly different. Additionally, the output of one type of panel can vary over another type of panel. Therefore, the question I would ask is how the Association plans to determine what the output and number needed for any size family.

PitA
Posts: 1,416
Posted:
I don't know if you are talking owned or leased panels- but you may want to alert people to the issues with selling houses with leased panels.


or

MYOB and merely direct the corporate operation(s)
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By TimB4 on 08/15/2015 7:21 AM

Therefore, the question would be if limiting the number of panels decreases the efficiency of the solar collector system. I suspect that it would not.

I think you are absolutely right. Size and/or number would affect efficiency, only location could
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By PitA on 08/15/2015 6:31 AM
How on Earth would you enforce said restriction?

What part of the Covenant would permit y'all to inspect an owner's electric bill?

Are y'all insane?

Well said.
FredS7 (Arizona)
Posts: 927
Posted:
> MYOB and merely direct the corporate operation(s)

And your point was?
PitA
Posts: 1,416
Posted:
the BOD's (primary) concern is the maintenance of the engineered storm water retention system of the 'common grounds'

and

any common 'ammenities'

NOT

'regulating' how many solar panels are installed on PRIVATE property
PitA
Posts: 1,416
Posted:
D'OH
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Buddy

It seems what you have is an indirect attempt to control the size, location, etc. of solar panels. My understanding is an association cannot prevent solar panels but can have some say in aesthetics. I say attack it directly as per aesthetics versus obliquely as in amount of power.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Two dozen states, including Maryland have “solar access rights” laws that limit homeowner associations from banning solar panels. This law overrides your homeowners’ association contract that restricts you from installing the panels.

That said.... the solar panel boom is ending soon. They simply don't want the energy. They can produce it cheaper themselves. Power companies have a limit on how much solar they are willing to buy from homeowners each year. So lets say they have dollar amount on buying solar from residents. Lets say 500,000 people have solar and they are giving them .15 cents Kwh for solar energy. Now next year 1,500,000 have solar so they reduce the payment to .02 cents Kwh and start charging $35 month for netmetering account fee. Now the homeowner is loosing money each month on solar.

Solar will be dead soon.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By SteveM9 on 08/15/2015 4:58 PM
Two dozen states, including Maryland have “solar access rights” laws that limit homeowner associations from banning solar panels. This law overrides your homeowners’ association contract that restricts you from installing the panels.

See my link and citation of the law above
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I do not believe solar will be dead. There are too many governments subsides and tax breaks to have that happen. There is a movement in the government to encourage more "green energy" options. Hence why you get such a large tax break for installing solar panels on homes. Plus whatever money you may lose if they stop paying top dollar for excess power, the government will probably compensate in some form.

As for HOA's and green energy options. That is the new gray area. It's reminds me of the days of when Satellite Dishes where like 10 feet round. Many HOA's band those due to their ugliness. Although the smaller ones still have opposition but government support to allow. If your HOA wants to have green energy options, they do need to put that option into the CC&R's to allow. Which sounds like what the OP's HOA is trying to do.

I always suggest one of the reasons for updating your HOA documents ever 7 - 10 years is for the new types of energy or technology changes. If you look at your current copy, I am sure they still have restrictions on certain technologies like dishes that today is no longer allowed.

Former HOA President
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
I do not believe solar will be dead. There are too many governments subsides and tax breaks to have that happen. There is a movement in the government to encourage more "green energy" options. Hence why you get such a large tax break for installing solar panels on homes.


True. But people are installing them because it makes financial sense. Bringing your monthly electricity bill to zero is a HUGE incentive. That incentive is going away. Although people like to be green, they like to do it when it also makes financial sense.

Think about this for a second. Power companies must maintain a HUGE web of power lines, poles, power stations, etc. They are not going to let people's power bill be "zero" and still provide this same service.

The only game changer will be a new, not yet invented battery pack, where you can have solar, and battery and no power company electricity at all. No, the tesla battery is not designed for solar and only can handle 50 charge/drain cycles per year.

Quote:
Plus whatever money you may lose if they stop paying top dollar for excess power, the government will probably compensate in some form.


Its already happening and the government is not compensating people.

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