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DennisG7 (Georgia)
Posts: 155
Posted:
Recently a request was submitted by an HOA member to install solar panels on their roof. The drone picture they submitted appears to show about 60-70% of the roof having them installed. Many are also on the front side of the property facing the street.of the panels

Our CC&R, written in 2000 appears to not allow the instatalation of panels or any othe type of "energy saving eqipment". A recent state legislative session that would allow ALL homes to install panels never made it out of the committee. So the state has no law allowing ALL homeowners to install panels. Non HOA/POA homes can do it if local codes allow them.

Our CC&R language is a little vague on the subject so I am going to suggest we take a closer look at it and consider amending it if needed. Does anyone have any suggestion as to what should or should not be allowed?
dennisg7
WendyM5 (North Carolina)
Posts: 1,522
Posted:
I'd suggest posting the actual ccr you are saying doesn't allow them.

in NC solar panels can't be prohibited by an HOA even in the front, though it took a Supereme Court ruling and a fews years to reach this point.

I see no reason to ban them anywhere. If you don't like the way they look dont 'look at them.

vis ta vie
SheliaH (Indiana)
Posts: 6,964
Posted:
I would suggest studying the issue a little more, although I suspect in the end, there will be space to allow them. This is a HOA after all, and part of that means exterior changes can be regulated to some or a great extent to maintain the overall look and design of the community. 85s not as simple as "if you don't like it, don't look at it. You also have to remember in 2000, people weren't talking about solar panels as they are now, especially since many states are offering tax credits to install them, and I think there's a federal tax break as well.

Start with a homeowner poll to see where they are on the topic. Some may not care, others hate the idea ( it'll be nice if they can explain why) and others may say they don't know enough to firm an opinion ion. That's OK- thus eou,would, be a great job for an advisory committee to research the mwtter and make recommendations to the board. You have at least one person interested in installing them, so he or she should be the first to volunteer. Tge research could include talking to other HOAS to see how they've addressed the issue and you can have a town hall meeting or two where a company can give a presentation on solar panels and answer questions. You may want to have several speakers offering different perspectives, such as maintenance (a solar panel company may say anything to make a sale).

From there, the board may be able to draft design standards that could be used when evaluating an exterior change request. That may be all you need for now and later the community may want to make sone things formal by amending the CCRS.

I know this homeowner might think you're stalling, but you're trying to do your due diligence to make the best decision for the community and head off any controversy. In my state, one homeowner installed panels, the neighbors complained about their appearance and the effect on property values. About three years later, the state passed a law saying they couldn't be banned if the homeowner petitioned his/her neighbors and a majority said it was cool.

Here's a link on how the law originated- from here,notarized googling on what's happening in yours. Better yet, ask the homeowner to do the research if you can't enough people to volunteer for a committee. If ge really wants these panels, he'll do the work.

https://www.solarunitedneighbors.org/indiana/learn-the-issues-in-indiana/homeowners-associations-and-solar-access-in-indiana/#:~:text=House%20Enrolled%20Act%201196%20(or,request%20to%20install%20solar%20panels.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LetA (Nevada)
Posts: 2,679
Posted:
You are fighting a losing battle. Many states are passing laws that prohibit HOA's, and local jurisdictions from prohibiting the installing of
PV systems on front facing roofs. It is not the homeowners fault the front of their home faces the sun most of the day.
Tho no federal laws exist supporting the installation of PV panels on the front roofs, you may run into a complaint filed with the FHA.
The FHA has some very vague regulations in regards to PV systems installation, financing etc. Just beware and let them install their PV
system without hesitation.
LawrenceF2 (Florida)
Posts: 2
Posted:
I love my solar. The panels are black, on a very dark gray roof, and you'd never know they were there unless you spent a lot of time staring at them. All my panels face to the west, toward the street. It's never been a problem. I'd guess more homes in my community have them than not. Best part is, over 10 years I can count on one hand the number of months I've actually had to pay for any electricity usage.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Solar panels and other green energy sources laws may supercede anything a HOA document has written. There is no reason why your HOA can't change the rules to update to allow this. It's just now your following an old document written prior to new technology and laws.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
I would double check the statutes in GA and also our local county and local municipality for the latest. It's hard to imagine there is no support for owners who want to save energy in this day & age.

I'm pretty sure I've seen Arch Guidelines that say any owner may install them so long as they're not visible from x or y. But they continue to say, if only possible--with supporting documentation- being visible from x & y, owners must be permitted to install. There still may be many other requirements from the HOA, e.g., color required, or?

Probably the wisest & quickest would be for the Board to check with your HOA attorney.

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