Home Owners Association limitations on solar panel/water heater installation?
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Question by smeshie123: Home Owners Association limitations on solar panel/water heater installation?
I’m writing a paper for my environmental law class and am looking for a starting point having to do with maybe the different restrictions state governments place on HOAs in their ability to limit solar panel and/or water heater installations on homes. Any help would be great, thanks!
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6 Responses to Home Owners Association limitations on solar panel/water heater installation?
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I’m not sure I can be of much help because I would sooner eat a gun that join an HOA. I don’t have much tolerance for self-righteous people. Good luck though.
Jeff Smoker
March 4, 2013 at 9:52 am
Currently right now the Covenant, Conditions and Restrictions (CC&R’s) of Homeowners Associations would allow their board of directors and management companies (if contracted) to restrict the use of solar panels because of uniformity to standards of all housing units within the association. But your point is well taken, because in time when home owners should be allowed to manage their energy consumption, look to sources to improve their energy needs and reduce the amount of energy consumption from commercial sources, the placement of solar panels is a very important endeavor each home owner must be able to adventure into without HOA restraints. There is no doubt many court cases will arise between HOA’s and homeowners on this very issue.
You selected a very good subject and cause. I would be very interested in the outcome.
whgilmore
March 4, 2013 at 9:57 am
I was president of the Emerald Cove Homeowners’ Association of Brownsville, TX for three years. I was not aware there were any restrictions. You can check the Property Code for your State and make contact with various association board members to ask questions. It would be counterproductive for any association to interfere with the upcoming push for alternative energy.
tinahdez@sbcglobal.net
March 4, 2013 at 10:29 am
California’s law regarding this issue is clear, it states solar energy Equipment trumps other concerns with one recent exception of trees being there first.
izzie
March 4, 2013 at 10:37 am
Crenshaw, Kyle – Kyle Crenshaw Law Offices
(949) 261-5041
4675 Macarthur Ct, Newport Beach, CA 92660
Call Kyle’s office for CA references to get started. (he has the patience of a saint)
Been There
March 4, 2013 at 10:50 am
I am not sure if state governments place restrictions on HOAs’ . An HOA is given power through the developer and others alike, which is typically private sector. I believe HOAs’ would intervene if their opinion on the matter was not heard, which would undermine their power. Members of HOAs’ usually have never held a position of authority, and given that chance they will flex their muscle to show they matter. Good question.
Andy A
March 4, 2013 at 11:36 am