Solar panels on 2 unit condo roof

Started by ZmM • 2 replies • 553 views

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ZmM (Massachusetts)
Posts: 1

Posted:

Hello,
We own one of the units in a two family condo. We are interested in getting solar panels however the other unit has refused to allow us to do so out of EMF concerns associated with solar.
What rights do we have to install the solar panels on half of the roof if we cannot get consent from the other unit?

Our condo roof has no issues however it's at the end of life. We would have to replace it to install solar panels. What rights we have to get the other unit to pay for the roof if we decide to go solar?

Thanks!

CathyA3 (Ohio)
Posts: 6,299

Posted:

You have some research to do.

Your governing documents should tell you who owns the roof. Very likely the roof is considered Common Elements, meaning neither of you owns it outright. Your docs may also have provisions on maintenance of Common Elements and what sort of approvals are needed before upgrades can be made to existing structures. If an upgrade will benefit only one owner, then it's questionable whether you can do it at all, but without seeing the exact wording of your docs, I can't say one way or the other.

State condo laws *may* have something to say about solar panel installations. In some states associations must allow the installation, but I am not sure whether this applies to HOAs only (ie. single family homes) or if they would be allowed in condo buildings. In my condo community they would not be.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By ZmM on 06/10/2020 3:06 AM
What rights do we have to install the solar panels on half of the roof if we cannot get consent from the other unit?

This Massachusetts government guide indicates the state does not have a statute mandating that condo associations agree to the installation of solar panels on common area roofs: https://www.mass.gov/files/documents/2016/12/xb/doer-condo-guide-final.pdf . I think the latter site (booklet) is current on the law. Without the other owner's consent, I think you are out of luck.

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