Solar Panels and Homeowners Association Rules
You are sick of your utility bills and have decided to put up solar panels. You buy them, but then get a notice that putting them up violates homeowners association rules. Now what?
Local, state and federal governments have put a lot of time and effort into convincing people to move towards solar power as an energy resource for their homes. You get tax credits, loan guarantees, discounts on systems and the right to sell electricity back to your utility in many locations now. Alas, it seems one group forgot to get with the process – homeowners associations!
There is an old saying by Winston Churchill that democracy is the greatest system ever until you talk to a voter and realize just who is deciding things! Well, homeowners associations often exemplify this. They were created for a noble purpose – to set and maintain standards in a community so that living standards and valuations could be maintained. For the most part, this is the role they play, but sometimes they can turn into small fiefdoms. This is best seen when they try to mandate things that are against the law.
Solar panels are not exactly the most beautiful things. They’ve improved a lot over time when it comes to appearances, but they still more or less constitute big, black squares on a roof. Homeowners associations tend to consider them a bit of an eyesore. In response, many have passed rules that state solar panels are not allowed.
The question is whether it is illegal for homeowners associations to do this? The answer is it depends. In states like California that have specific laws like the California Solar Rights Act, it is not. Homeowners associations have consistently been found to be out of line in disallowing the use of solar panels on homes in communities and have often been ordered to pay all the attorney’s fees of the homeowner in question. This, however, is true only in California.
What if you don’t live in California? The answer depends on whether your state has passed a similar act. In the near future, however, it may be irrelevant as a bill is now before Congress that is similar to the California Act that will make the law nationwide. If it is signed into law, homeowners associations will be unable to reject panels.
