Solar Panels

Common roofs are typically under control of the Association.
I doubt that they will approve panels be installed on the roof as they can cause issues and additional expense when maintaining the roof.

RobertB67,

You might have to get your solar company involved if you are in a right to solar state. I am the one who had to fight my HOA to get solar installed and it come down to the solar company telling the HOA that if they delayed the project any longer, they would take legal action. Lets just say, it was approved the next day.

Every solar panel company in our state and many others tells homeowners that an HOA cannot interfere with their right to install solar panels. They tell them this to sell solar panels. Unfortunately, that's not the whole truth. In Florida, our statute says that the HOA can't deny the installation of solar panels, but we can restrict the placement of the solar panels on certain areas. Our HOA just prevailed against a homeowner who was told by his solar company that he could put panels on all four sides of his roof. Our architectural committee told him not on the front after consulting with our attorney. There's more to this story, but solar panel companies sometimes run into HOAs like ours that are willing to invest money in a lawsuit if necessary. Don't always believe the marketing materials.

to piggy back on this thread, any discussion on HOA's requiring professional installation? As a competent engineer and technical DIY'er, this is something entirely within my wheelhouse. Is an HOA's rule that it must be professionally installed an unreasonable rule?

Idaho law: https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch1/sect55-115/
"A homeowner’s association may adopt reasonable rules for the installation of solar panels or solar collectors consistent with an applicable building code"

Our [old] CCR's:
Energy Devices, Outside:
No energy production devices, including but
not limited to generators of any kind and solar energy devices, shall be constructed
or maintained on any portion of the Property without the written approval of the
applicable Architectural Committee, except for heat pumps shown in the plans
approved by the Architectural Committee. This paragraph 4.17 shall not apply to
passive solar energy systems incorporated into the approved design of a residential
structure.

Published ACC guidelines after the new state lawL

"Site Selection and Neighborhood Impact: Homeowners should first consider all
existing structures, landscaping and impact on neighbors’ property value before
selection of a rooftop site for any proposed solar system. Homeowners should
also consider solar shingles rather than solar panels, which are visually much
more attractive and harmonious with the architectural design traditions and
uniformity of Nature’s Wood Duck Island homes than solar panels. "

"All solar panel
installation requests should be submitted to the ACC as a separate project and
not as part of a re-roofing application. Solar collection system design plans with
drawings or photos, including brand name, licensed solar installer name and
photos of panels and hardware, must be submitted with the ACC application. "

"Upon initial ACC approval, and
prior to installation, homeowners must submit to the Wood Duck HOA’s
neighborhood manager a copy of the City of Boise approved building permit for
the solar panel installation and city approved installation plans, showing any
changes from the original plans submitted with the ACC application. ACC final
approval is contingent upon final ACC review of compliance based on city
approved plans and issuance of the city building permit. "

"Installer: The solar collection system must be professionally installed by a
licensed solar installer. All solar panel installation applications to the ACC must
include the installing contractor’s name and contractor’s license number.
Installations by a non-licensed handyman or homeowner are not permitted. In
addition to the requirements of the HOA, the installation must meet all city code
requirements. "

agreed, the final electrical connection the grid is a major one, requiring city inspection, mains shutdown and a licensed electrician to handle. But a lot of the physical install is really basic, and can be done by someone of reasonable competency and skill. There's many many resources dedicated to citizen-installs and walking through preparing for city inspection before scheduling the final electrical.

I agree. But AdamL1 switched gears a bit, asking about a single family HOA's requirements for solar installation on, presumably, an owner's lot or single family stand-alone home. In AdamL1's case, I think a HOA would be on not-as-strong ground. Case law existing on the point (for a single family home HOA community, DIY vs. requiring licensed contractors) would not surprise me.

Yes. Roofs are Commin Area in most Condis. Our roof has individual HVAC units on it already. This invokes the question, is the restriction on Common Area now moot. Does installing Solar prevent the function of the roof?
My answer is Yes, the use of the roof for Individual HVAC units gives an opening for Solar. Question 2, the roof still will provide its function unimpeded and the Solar Psnel may provide longer life for the roof by keeping the Elements away from the surface.
In California the law AB 634 lays out the rules. An HOA cannot restrict Sokar that would cost the Oener by more than $2,000.
Has any HOA Biard member presided over an installation? What rules snd restrictions do you have?

It's pretty common for multi-story condo buildings to have HVAC units on their roofs, and to the best of my knowledge that does not affect the legal status of the roofs or prevent any other kinds of restrictions.

To the best of my knowledge, California law didn't differentiate between buildings with HVAC units on them and buildings without. I'm sure there will be legal squabbles over this, but that's pretty much par for the course. Lawmakers enact laws, and then people have to figure out how to make them work in practice (occasionally discovering some unintended consequences that were missed during the legislative wrangling).

For sure having a bunch of stuff on roofs can make maintenance more difficult and may result in higher costs and shorter usable lives for the roofing materials. These increased costs will be passed on to homeowners. No free lunch...

And as some sharpshooter veteran hoatalk member here also recently pointed out, the use of roof space by one owner arguably changes this owner's percent allocation of ownership of the common areas. But per many or Declarations, the percent allocation may only be changed by amendment of the Declaration, meaning at least a super majority must approve the change. (Or more likely and per statute/case law, since this involves 'percent ownership interests,' all owners must approve the change.)

Also: With multi-story condos, where a single roof sits over several (to a lot of) units, I do not think the roof space can be divvied up in a rational, practical fashion such that all units below can enjoy a meaningful benefit from solar panels.

The California statutes' statements on this include:

(b) When reviewing a request to install a solar energy system on a multifamily common area roof shared by more than one homeowner pursuant to Sections 714 and 714.1, an association may impose additional reasonable provisions that:
(1)
(A) Require the applicant to submit a solar site survey... [see statute for rest]

(B) The solar site survey shall also include a determination of an equitable allocation of the usable solar roof area among all owners sharing the same roof, garage, or carport.

Since in many instances the required survey will result in an equitable allocation that yields only an impractical number for the square feet of roof space allowed per unit, many condo unit owner applications for solar systems will be dead-on-arrival.