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MarkW14 (Virginia)
Posts: 4
Posted:
Recent solar panel guidelines were communicated to homeowners. I agree that most people wouldn't want solar panels on the front roof of a home in the subdivision. However if the homeowners lot is in such a setting that the front, rear and side can be viewed from a street, isn't this discriminatory?

There are a number of homes that this would apply to. I would guess out of 135, probably 20 would be restricted based on these guidelines.

Any thoughts on if this is allowable?

Specific language provided here: "Solar panels may only be installed on the back roof of the applicant’s home and thus no ground-mounted solar energy systems will be permitted. Solar panels may not be visible from the front of the home or elsewhere from a common street (“common street” in this context does not include the rear alleyways)."
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, the homeowner knew where the house was located when it was purchased, so if he or she wanted to install solar panels, that question should have been addressed before the purchase, so I don't know if this could be considered discrimination. HOAs can establish standards for certain elements that can be seen from the street, such as a fence, house paint color or windows, so if you want to know for certain if there's a discrimination issue, you need to see an attorney.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarkW14 (Virginia)
Posts: 4
Posted:
The guidelines were created in March 2016, prior to March, solar panels were not allowed. This would be post-purchase 'new' information.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Discrimatory, no.

I suspect that you applied for solar panels and have been turned down based on visibility.
Try revamping the plan. Perhaps only place panels on 1/2 the roof.
MarkW14 (Virginia)
Posts: 4
Posted:
Nope, just feeling slighted that the opportunity seems to not be available to me and others in similar situation. We had one homeowner push for the change. While the board was initially against the change, after seeking input from the homeowners it was decided to accommodate and provide guidelines for all.

Now "all" appears to be "some".
TimB4 (Tennessee)
Posts: 21,059
Posted:
Well,

We have a similar wording that panels may only be on the rear of the home.

However, due to the position of some houses, installing panels on the rear of the home will not be worth it due to the limited amount of sun it receives.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By MarkW14 on 04/10/2016 1:10 PM
The guidelines were created in March 2016, prior to March, solar panels were not allowed. This would be post-purchase 'new' information.

I am curious about your use of the term "guidelines." Who imposes these guidelines and under what authority?

Normally an association or its board of directors has no authority to unilaterally impose property restrictions. Court rulings have almost universally held that unambiguous restrictions must be stated in the recorded CC&R's otherwise the owner has free use of his property.

I am curious as to who or what prohibited solar panels prior to March, 2016, and why they are now allowed but subject to guidelines?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Larry,

I suspect that they are the architectural guidelines.

Architectural guidelines are utilized to standardize the decision for architectural changes.

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