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VirginiaC3 (California)
Posts: 1
Posted:
WE live in a townhouse, 6 units long, in San Diego California 92127. I have been researching SOLAR per new California law where the HOA no longer can prohibit solar. Problem that has arisen is this.

OWNERS HOMEOWNER'S INSURANCE: We have AAA. I talked with Triple A and explained the situation whereas if damage occurs to the roof, i.e. leak or hole (it is a tile roof() at some time or years after installation "do we have coverage?" The answer is "We do not own the roof, so, at this time no". This is what I expected to learn as we only own the walls etc. inside the Unit. I explained to them that in the notification from the HOA of our ability to have SOLAR the responsibility of the homeowner is such that it is stated that if there is any damage to roof or its extension to the rest of the Units (ours is 6 attachments long) we personally would be responsible to pay for all repairs) The HOA states in their Notification and approval of having solar by individual owners, there would be no coverage on the HOA Amante Ravenna townhouses if there is damage to the roof. The homeowner would be responsible for paying for all damages to the entire structures attached.

I have had extensive conversations with a reputable solar company about damage to roof responsibility and they do stand behind their work "causing the immediate problem". At this time I find none of this to be totally clear. One things that stands out clearly to me is "We all have homeowners Insurance" and if roof coverage is covered by our Association insurance company we should not have to sign and indemnification, which they are requiring, that we would be personally responsible for all damage to all of the attached units.

Why do we want SOLAR? The monthly expenses from SDGE are very expensive, and are going to become even more expensive this summer. SOLAR would be the solution. As it stands now with the restrictions set forth from the HOA in the Notification of having solar installed we do not feel we should sign such an agreement. I feel the Association should contact the development's insurance carrier to discuss this further. For all I know maybe they did this already. I can understand why Associations want to take this stand on the roofs but they are making it impossible for a homeowner to want to sign such an indemnification.

Sincerely submitted,
Virginia Cone
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So you want the solar without any of the responsibility? It doesn't work that way in life. You are using the HOA's roof to install the solar on. They can demand anything they want to reelevate their cost and responsibility. Which is by having you sign the indemnification form.

It's like how they install a coke machine in a HOA area. That area the coke machine is installed is on HOA property. They "Lease" that spot to the coke machine owner/vendor so they can provide the refreshments. It's NOT the HOA's vending machine. So if it's damaged or goes up in flames, it's the owner of the coke machine's responsibility. If it catches on fire and burns down the clubhouse, then they have to pay.

That's not too far off of what your asking for. Your basically wanting to install a "coke machine" on the roof. What part of your responsibility do you think you don't need to pay for?

Former HOA President
KenE4 (Maryland)
Posts: 2
Posted:
Just buy the appropriate insurance and get solar it that's what you want.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Can you provide a link to the new law?
KerryL1 (California)
Posts: 14,550
Posted:
Welcome to the forum, Virginia. Our condo building does also have some units suitable for solar on their roofs, but our Board hasn't made any policy about this.

I think you want to visit Davis-Stirling.com for these CA HOA attorneys' opinions. The solar legislation became cicivil conde statute in 1/18. I
d try their Main Index, "Solar" and see where that takes you.

From the little I do know about it, you'll be completely responsible for any maintenance and/or damage your solar on you HOA's common area roofs cause.
KerryL1 (California)
Posts: 14,550
Posted:
Welcome to the forum, Virginia. Our condo building does also have some units suitable for solar on their roofs, but our Board hasn't made any policy about this.

I think you want to visit Davis-Stirling.com for these CA HOA attorneys' opinions. The solar legislation became cicivil conde statute in 1/18. I
d try their Main Index, "Solar" and see where that takes you.

From the little I do know about it, you'll be completely responsible for any maintenance and/or damage your solar on you HOA's common area roofs cause.

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