B.N. from Hartford County writes:
Dear Mister Condo,
I live in a Planned Unit Development (PUD). We have electric heat which is very expensive. Solar panels were brought up to the board members months back. They said that they would check into it. We never heard anything back. Nothing in writing. So I place a call and I am told that one attorney approved the panels and one didn’t. This was not disclosed to us in writing, nor have the bylaws been amended. There is one homeowner that has them supposedly illegal. My question is if I have any recourse. I really need a less expensive way to heat my home!
Mister Condo replies:
B.N., PUDs are no different than condominiums or other HOAs when it comes to the Board’s governance of the association and its adherence to architectural compliance, which is where the solar panel discussion usually goes. The Board argues that the governing documents call for no exterior modification to the common elements while the unit owners inquire about their “right” to install solar panels. The reality is that the association has the ability to modify their architectural guidelines to allow solar panels but many choose not to because they are concerned about the potential eyesore of solar panels and their potential neglect over time. I am not sure why or how the attorneys were involved in this process but it appears that they did not reach a consensus on whether or not the association could even approve their use, let alone modify the governance documents that would allow their installation. Until or unless the state law changes that would supersede your governance documents, the Board has every right to prevent their installation. Also, the Board has every right to go after any individual unit owner for installing them and force their removal at the unit owner’s expense. The units were constructed with electric heating in place. Unit owners, including you, knew that when you purchased your unit. Your need for a less expensive way to heat your home is very likely to go unfulfilled at this PUD. If the cost of electric heat is that burdensome, you may wish to consider moving to a community that allows solar panels. All the best!
PUD Owner Denied Solar Power Access: https://t.co/M3Qhh5YRzS
hmmmm – in WV we have a law that trumps HOA documents – I do suggest folks take into account reasonableness and new technology. Governing documents were not always written to include future developments that are valuable to homeowners and the Association in which they live. Secondly, beauty is in the eye of the beholder – in WV sales are best when solar is visible and part of the property. ARC Guidelines certainly can be modified and so can amending the Declaration. Folks shouldn’t shut the door of opportunity until they weigh the consequences. Just my two-cents. REFERENCE: Federal: The American Clean Energy and Security Act of 2009 and West Virginia’s: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2740%20SUB%20ENG.htm&yr=2012&sesstype=RS&billtype=B&houseorig=H&i=2740
Florida Solar Rights Act
Florida law forbids any entity—including homeowner associations—from prohibiting the installation of solar or other renewable energy devices on Florida buildings. An association may require approval of a system installation, and may establish restrictions for installations. However, any such restrictions must be reasonable, not arbitrary, and applied in a uniform manner for all association members. Also, any restrictions must not have the effect of impairing the performance, or increasing the cost, of a solar system.
In particular, a homeowner association may not prevent the installation of solar collectors on the roof of a home. The association may determine where on the roof the collectors may be installed, so long as the collectors face within 45 degrees of due south.
Finally, any requirement(s) that a system be screened from view by trees, fences, ground mounting racks, or a remote roof location that is hidden from the street, will generally violate the statute. The full text of the statute appears below (we’ve added the bold text for emphasis).
CHAPTER 163
INTERGOVERNMENTAL PROGRAMS
Florida Statutes
163.04 Energy devices based on renewable resources.–
(1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.
(2) No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restrictions, covenants, or binding agreements. A property owner may not be denied permission to install solar collectors or other energy devices based on renewable resources by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings not exceeding three stories in height. For purposes of this subsection, such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45 degrees east or west of due south provided that such determination does not impair the effective operation of the solar collectors.
(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.
(4) The legislative intent in enacting these provisions is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments.
Good information. Thank you.