Solar Panel Installation in California

So, I am on the Board of my HOA. I applied for solar panels. Another homeowner (not on the Board applied at the same time). I removed myself from the voting on my panels, which went first. My panels were approved, then those of my neighbor. This is the first in our HOA. These are townhouse style units, so each unit has its own roof even though the roof belongs to the HOA. So far, so good.

We have a "disgruntled ex-Board member" who attends all meetings then writes his own newsletter and gives his spin (usually negative) about what the Board has been doing. This time he went into a rant (Red Capital Letters!) about how I had shoved solar panel through and how I was putting the HOA money at risk for countless years by compromising the roofs with solar panels.

I have read that HOAs can not really restrict the use of solar panels. We can make some requirements not limited to requiring the homeowner be responsible for any damage to the roofs, just as one might be responsible for damage cause by any other homeowner modification - skylights, come to mind. I agree completely with this!

But essentially: In California, The Solar Rights Act of 1978 (and it’s various amendments over the years) states that “Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable.”

Now my question, I heard one lawyer tell me that I needed to get a 51% agreement from my neighbors in order to install these panels because they will be on the roof which is considered common area (even though it only serves my one townhouse and is even separated from other units by architectural walls.

Really? Thoughts? Help.

Thanks

Patricia

Before you start the installation, you will need the opinion and advise of the association's legal counsel. IF, the roofs are maintained by the Association, then approval of solar panels must be through a member vote. IF, each owner is responsible for their portion of the roof, you will may not need approval.

Not legal advise, just based on personal experience. The HOA in question couldn't get the approval of its members.

Good luck

Ah yes, well what actually happened was that we (another Board member and I) were speaking to an attorney because we wanted to know if there was a way to get this "disgruntled ex-Board member to stop writing his own negative (and often false) newsletter about the current Board decisions. The last newsletter he wrote had a negative discussion about our approval of solar panels. Mind you he has complained about our decisions regarding who replaces the sprinkler heads when broken (handyman or landscaper), how much water the lawns are getting, the replacement of deteriorating fences, painting of buildings, the list goes on and on. The lawyers just gave their opinion on solar, the question had not been posed to them. Of note, damage to the roofs and who fixes it was discussed at the meeting - homeowners who installed the panels agreed it would be their problem and - no other homeowners have complained to the management company about the installation of the panels on the roof even after his newsletter.

Nothing in writing from the lawyer who gave her unsolicited opinion. We do have a draft solar policy written. Our Board has a history of approving skylights, satellite dishes and other intrusions into the roof.

We asked and received Board approval since that is all we believe(d) was required - the legal opinion was incidental.

Thanks

Well said.

There will always be a CCO (Chief Complaining Officer). Some are just more vocal than others. It is often hot in the kitchen. Get used to it.

I find when someone has a specific complaint I will pay some attention but when the same person complains incessantly about everything I consider him a heckler. I find that hecklers never have anything positive to add to the discussion and I tune them out. I suspect that Patricia's CCO has far less influence than either he or she thinks he does.

Yes, the problem would be with subsequent owners. As of now, that is the same potential problem we have with skylights (and satellite dishes).

Our CC&Rs do not mention any of the above (we will be rewriting those this next year). Our rules and regulations addresses it this way: "damage caused by failure of such items to Unit or Association assets (due to, for example, water leak, seepage, faulty installation, etc.) shall be the responsibility of the Unit Owner..........the Unit Owner automatically assumes responsibility for the maintenance, repair, painting, warranty and other liabilities
for each skylight installation"

I recognize this not necessarily tell the subsequent owners that they own the skylight and it's potential problems but our Board has generally taken the stance that a homeowner modification would be the responsibility of the owner, whether original or future.

Incidentally our roofs are pretty new, probably don't need replacement for a while, and we asked the solar company - it would be about $500 to take down and re-install if necessary. If needed, I expect that to be homeowner responsibility.

CCO sounds about right. He makes a point to attend every meeting, follow it with his own newsletter, and always finds a problem. The landscapers put the wrong sprinkler head on once (newer model), we paid more to replace a fence this year than last (prices went up), a return envelope wasn't in the mailing for the call for candidates (usually isn't), we spent too much on new plants ($800). Thanks for teaching me the title of CCO - it helps me get a grip on his position. As long as there continue to be NO other homeowner complaints I am not worried. He may have had some power in the past, but I recognize that it is waning.