HOA any rights?
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| Posted in Building Code Questions on
I belong to an HOA, which has just had its first request for a solar panel system. the home owner wants to build a 24’x24′ building to house his system, and mount solar panels on the roof. Covenants do not permit unattached structures. I like to hear opinions on whether we can mandate the home owner to go a less expensive route of mounting panels on the ground as we have seen in numerous pictures. The home owner has an unobstructed southern exposure.
Thank you.
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Replies
John,
My own personal opinion -- based not on a legal background but on common sense -- is that homeowners should be given wide latitude when it comes to installing PV and solar thermal systems.
Such systems should be encouraged, and therefore (to the greatest degree possible) unnecessary roadblocks and regulatory restrictions on a homeowner's solar systems should be eliminated.
It sounds like you want to mandate your idea of the best way to mount a solar array -- in other words, to tell the homeowner that the HOA has a better idea for mounting the array than the homeowner does.
You need to take your question to a lawyer.
I agree with Martin, but I'd like to add the following
The whole thing might be remedied by simply clarifying the language regarding outbuildings. My guess is that provision exists to restrict people from adding guest/servant's homes, equipment sheds, pool houses, etc. (Basically, what some people consider eyesores.) What this homeowner is looking to do is ultimately going to add value to his property.
I'd find a way to allow it.
As someone with a small (2.76kw) array on his own roof, I would think that setting them on the ground would be a waste of space where there could easily be an attractive and useful outbuilding beneath that array.
An array on the roof is out of the way. An array on the ground is not.
I am all for noise and air pollution restrictions. However IMO visual polution is way way way too selfish and emotionally charged. Have them build a cute solar shed. And don't expect me to understand your issues if you are concerned about "eye sores." That's why your god gave you a swivelling neck and eye lids.
Approve and don't look at it.
John, covenants you say "do not permit" unattached structures. I don't see any ambiguity. You win this one ... unless I misunderstand.
If they are permitted with approval that's another thing entirely. Then you have three options: let him build it; tell him to put them on the ground to be buried in snow (depending on your CZ) -- but of course you're going to have to figure out how a solar array on the ground is not a "detached structure -- or, last, he can attach them to his home in any way he wants, I presume ... including on a rack nice and high so everyone can see them driving down the street.
Technically, its two separate issues. One is building a 24x24 building, the other is mounting a solar system atop.