Can HOA's refuse solar panels?

Hello,

I've been told, in Florida, an HOA can not refuse a homeowner for trying to go green by installing solar panels on their roof.

Does anyone know if this holds true in Georgia as well? If so, where I can go to find such information?

Thanks, Alexia (Woodstock, Ga)

First of all, does your HOA specifically restrict them?

Ours does not.

We are in the process of installing 3 arrays right now.

Below is where we stand right now on the Solar Energy Act. This bill will be used similarly as the OTARD Act. This being passed will supercede any HOA's from prohibiting the use of solar panels for energy.

"H.R.2454
American Clean Energy and Security Act of 2009 (Engrossed as Agreed to or Passed by House)

——————————————————————————–

SEC. 209. PROHIBITION OF RESTRICTIONS ON RESIDENTIAL INSTALLATION OF SOLAR ENERGY SYSTEM.

(a) Regulations- Within 180 days after the enactment of this Act, the Secretary of Housing and Urban Development, in consultation with the Secretary of Energy, shall issue regulations–

(1) to prohibit any private covenant, contract provision, lease provision, homeowners’ association rule or bylaw, or similar restriction, that impairs the ability of the owner or lessee of any residential structure designed for occupancy by 1 family to install, construct, maintain, or use a solar energy system on such residential property; and

(2) to require that whenever any such covenant, provision, rule or bylaw, or restriction requires approval for the installation or use of a solar energy system, the application for approval shall be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed.

(b) Contents- The regulations required under subsection (a) shall provide that–

(1) such a covenant, provision, rule or bylaw, or restriction impairs the installation, construction, maintenance, or use of a solar energy system if it–

(A) unreasonably delays or prevents installation, maintenance, or use;

(B) unreasonably increases the cost of installation, maintenance, or use; or

(C) precludes use of such a system; and

(2) any fee or cost imposed on the owner or lessee of such a residential structure by such a covenant, provision, rule or bylaw, or restriction shall be considered unreasonable if–

(A) such fee or cost is not reasonable in comparison to the cost of the solar energy system or the value of its use; or

(B) treatment of solar energy systems by the covenant, provision, rule or bylaw, or restriction is not reasonable in comparison with treatment of comparable systems by the same covenant, provision, rule or bylaw, or restriction.

(c) Solar Energy System- For purposes of this section, the term `solar energy system’ means, with respect to a structure, equipment that uses solar energy to generate electricity for, or to heat or cool (or provide hot water for use in), such structure.

By Amy H. Bray, partner in Commercial Real Estate Department

FYI. . .

This bill is not law yet. Following is the status on the bill:

H.R. 2454:
111th Congress
This is a bill in the U.S. Congress originating in the House of Representatives ("H.R."). A bill must be passed by both the House and Senate and then be signed by the President before it becomes law.
Bill numbers restart from 1 every two years. Each two-year cycle is called a session of Congress. This bill was created in the 111th Congress, in 2009-2010.
The titles of bills are written by the bill's sponsor and are a part of the legislation itself. GovTrack does not editorialize bill summaries.

2009-2010 American Clean Energy and Security Act of 2009

To create clean energy jobs, achieve energy independence, reduce global warming pollution and transition to a clean energy economy.

Overview
Sponsor: Rep. Henry Waxman [D-CA30]show cosponsors (1)
Cosponsors:Edward Markey [D-MA7]

Status: Introduced May 15, 2009
Referred to Committee View Committee Assignments
Reported by Committee May 21, 2009
Amendments (2 proposed) View Amendments
Passed House Jun 26, 2009
Senate Vote ...
Signed by President ...

This bill has been passed in the House. The bill now goes on to be voted on in the Senate. Keep in mind that debate may be taking place on a companion bill in the Senate, rather than on this particular bill. [Last Updated: Sep 18, 2009 8:42PM]

Last Action: Jul 7, 2009: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 97. ;

Nothing wrong with that!

Dee:

No, it does not. Basically we have no control over the exterior of the main homes. And additions to the home, such as a sun room or adding a deck, etc, we do.

But not to the existing structure. If someone wanted to paint his shutters fuscia, or his door purple, he could.

As an update, our solar panel arrays were just installed this past weekend.

Huston, we have backward-spinning electric meter!!

Woo hoo!!!

Brian it reminds me of an episode of "Bones" where a man was killed over a variety of reasons one of which was he forced the HOA to allow him to install a wind turbine in his front yard. Besides being a sound nuisance because it squeaked; one of the killers (killed by three separate homeowners) felt it lowered home values. Hum where have I heard that phrase before????

In Florida. OP asked about GA.