Another Homeowners Association Slams Attempt To Go Solar |
10 Comments |
| By Michael d'Estries in Energy, Solar | October 21, 2008 | |
Homeowners Associations have got to be one of the more inane aspects of American society. A friend of mine moved into a neighborhood with one, completely unprepared for the mess she was getting into. Now, no toys can be left outside, all cars must be kept in the garage at all times, the grass must be a certain height and color, and every change to the home must first be approved by a “board”. It’s both a hilarious and sad way that some choose to live — all for the sake of homogeneity in aesthetics.
In March of 2007, we reported on an incident where the town of Scarsdale denied a family the opportunity to put up solar panels — on the basis that they were ugly and “not in keeping with the character of the community”. It was BS then — and it’s still BS. Now, another homeowners association in California is denying one man’s quest to reduce his electric bill by installing solar panels on his roof. Their reason? They do not believe the technology fits in with their rules and guidelines of a community with “restrained elegance.”
Sick. Really, sick. From the article,
Weinberg wanted to put solid black panels on the roof at the front of his house, which faces a T-shape intersection and other homes. Jordan reviewed the application last March and recommended it be denied. He suggested that Weinberg install the panels on the roof at the back of his house instead, where they would be hidden from view.
“We always try to find a creative way to solve the problem,” Jordan said. “There’s another way to do it other than putting it on his roof for everyone to see.”
However, the front of the house faces south, the optimal orientation for catching light. Moving the panels to the back would decrease the system’s efficiency by more than 20 percent, Weinberg said, unless the panels were installed in a rack that pointed them in the opposite direction, which Weinberg said would increase the cost of the installation by more than the Solar Rights Act permits.
In essence, “they haven’t given us alternatives,” said Michael McQueen, Weinberg’s attorney. The lawsuit was filed June 24, and damages sought could be in the hundreds of thousands of dollars.
Good luck Weinberg — and we hope other homeowner associations are watching this development. Solar energy is coming and it’s time to suck it up and start allowing it on rooftops. Then you can get back to ticketing people for improper grass and car color.
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Radfahrer said,
This kind of bullshit fills me with murderous rage! I bet these poor saps have to pay “membership dues” too. Total crap.
MikeRR said,
This is just the tip of the iceberg with HOAs.
Since 2000 4 out of 5 homes constructed are in HOA type communities. Almost 50 billion dollars are collected by these corporations every year.
Lawyers and service providers to HOAs have their own LOBBYING ORGANIZATION, the Community Associations Institute,(which do not represent a SINGLE community), and keep the legislatures of all 50 states from passing laws to prevent this kind of abuse.
People are losing their homes for a few hundred dollars or even for planting the ‘wrong’ kind of flower.
These financially and emotionally devastating law suits are MONEY IN THE BANK for the lawyers who practice HOA law.
It is going to get much worse before it gets better for homeowners.
As far as the ‘choice’ of living in these communities, because of the complete lack of disclosure most people think they are buying a home and have no idea of what they are getting into!
Eniryt Manaen said,
As the article points out this association seems to be clearly on the wrong side of the Solar Rights Act. I am actually glad when home owners associations do this because it just builds up jurisprudence for the rest of us. Too bad this guy has to muddle through it though.
GreenOfficeBlog said,
Hahaha! Do you live in an association? We do, and we constantly live in fear of the almighty association board. We get nervous about doing anything beyond the reach of our front porch. This is pretty extreme though, I mean who would actually prevent someone from investing the money to make our planet greener? Weirdos.
MT said,
My HOA has an agreement to me that I have to assign before installing solar panels. It’s unreasonable and now I have to find a lawyer to counter the HOA. Just what I want to do
EcoLabelFundraising said,
Amen.
I hate to make a broad generalization about all HOAs, but I know mine isn’t so great. The house before where I live now had an HOA, and it wasn’t great. And the house before that house had an HOA, and it wasn’t great.
Jeanne Reslan
ChuckD said,
Don’t mean to troll here, I’m not a regular contributor, just a lurker, but….
Unless I’m mistaken, no one’s assigned to live under an HOA, eh? We have a similar situation out here in the country where people move into a house near a farm, and then raise Holy H%ll when their senses actually encounter all that goes with rural life.
Kinda hard to pity them.
C.
Letter to ChuckD said,
ChuckD,
Please, seriously, with all deliberate truth. Please go research all about HOA.
First and foremost go to this link: http://onthecommons.us/
That is just the beginning. You can thank me with HOA opposition or at least with not being an HOA fan.
Team Management Software said,
@ChuckD, while one doesn’t have to live in an HOA, in my search for a home I just couldn’t find one. I live in the metropolitan Phoenix area and here every neighborhood has an HOA. And for good reason! I ran across this article and thought it was great because I have been trying for months to get approval to put up solar panels. In this state it is suppose to be allowed, but you have to jump through some major hoops to just get it approved. I’m not giving up though! Thanks for the Article.
marcw said,
In our situation (we are the family in question), our HOA declarations contain no restrictions whatsoever against solar installations of any type. Even if they did, State law (in this case, the California Solar Rights Act) would trump. That’s a concept that apparently was lost on our HOA directors.
Our HOA president is our across-the-street neighbor…..IOW, directly South of our home. Easy to connect the dots from there.
Anyway, we won the case, the court has ordered that we have the right to install the system (8.5kw), and our HOA now must reimburse us all our damages and legal fees, plus $1,000 on top of that as a penalty.
For anyone in California facing a similar situation, we have posted copies of our legal papers: our complaint, the HOA’s answer, our motion for summary judgment, and the judge’s ruling:
http://terrapacifica.com/spanishhills/
Also, Team Management Software…you should look at our motion for summary judgment and complaint. Since there was no relevant published California caselaw on this matter, we used an Arizona decision as secondary authority…might be helpful in your case.
Good Luck & don’t back down to the ignorant mini-dictatorship!!
Marc & Chris Weinberg