Author Topic: Lawyer Mustachians in CA - Need your input on Solar Rights Act and HOAs  (Read 932 times)

jamesbond007

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Need your input on dealing with HOAs and Solar panels. I have been trying to convince my HOA to let me install solar panels to maintain my green lifestyle and reduce my carbon footprint. I want to go into a discussion fully prepared.


My HOA pays for the roof and they pay for insurance. Initial conversation with them gave me an obvious answer of NO. They cited potential leaks to the roof that may come with solar panel installation. Fair enough. But their fears are unfounded. I haven't found any data on roof leaking because of a job badly done. The probably is so low that it is worth the risk. So I am considering bringing this up at our next board meeting in 2 weeks. I want to be prepared on all fronts so I was wondering if anyone can help me decipher the Solar Rights Act of 1978 and further amendments done to it in 2008? It sounds like English but it is confusing.


Thanks.

405programmer

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Re: Lawyer Mustachians in CA - Need your input on Solar Rights Act and HOAs
« Reply #1 on: February 13, 2018, 03:59:08 PM »
Is this in a house or condo? Really strange if an HOA owned the roof on my house.

Anyway, I'm not a lawyer and I don't pretend to offer legal advice. That said, I don't think you'll have a chance of tackling this alone. Your HOA won't see any benefit from the solar panels (outside of one happier resident) but they will see added risk of roof damage. Any time you mount structures to a roof or drill through a roof for wires or mounting brackets you risk creating a future leak. The risk is small to be sure but not zero.

If I were in your shoes I would focus on getting more residents on my side and then petition the HOA as a group. If the HOA realizes solar is an attractive benefit to their residents then they have something to benefit from the installation and you'll be much more likely to win them over and get an exception.

 

jamesbond007

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Re: Lawyer Mustachians in CA - Need your input on Solar Rights Act and HOAs
« Reply #2 on: February 14, 2018, 12:22:26 PM »
Thank you. Good point.

bacchi

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Re: Lawyer Mustachians in CA - Need your input on Solar Rights Act and HOAs
« Reply #3 on: February 14, 2018, 01:41:13 PM »
Is there a car port or some other structure that can take solar panels instead?


frugaliknowit

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Re: Lawyer Mustachians in CA - Need your input on Solar Rights Act and HOAs
« Reply #4 on: February 14, 2018, 02:28:44 PM »
Is this in a house or condo? Really strange if an HOA owned the roof on my house.

Anyway, I'm not a lawyer and I don't pretend to offer legal advice. That said, I don't think you'll have a chance of tackling this alone. Your HOA won't see any benefit from the solar panels (outside of one happier resident) but they will see added risk of roof damage. Any time you mount structures to a roof or drill through a roof for wires or mounting brackets you risk creating a future leak. The risk is small to be sure but not zero.

If I were in your shoes I would focus on getting more residents on my side and then petition the HOA as a group. If the HOA realizes solar is an attractive benefit to their residents then they have something to benefit from the installation and you'll be much more likely to win them over and get an exception.

+1

jamesbond007

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Re: Lawyer Mustachians in CA - Need your input on Solar Rights Act and HOAs
« Reply #5 on: February 14, 2018, 04:58:32 PM »
Is this in a house or condo? Really strange if an HOA owned the roof on my house.

Anyway, I'm not a lawyer and I don't pretend to offer legal advice. That said, I don't think you'll have a chance of tackling this alone. Your HOA won't see any benefit from the solar panels (outside of one happier resident) but they will see added risk of roof damage. Any time you mount structures to a roof or drill through a roof for wires or mounting brackets you risk creating a future leak. The risk is small to be sure but not zero.

If I were in your shoes I would focus on getting more residents on my side and then petition the HOA as a group. If the HOA realizes solar is an attractive benefit to their residents then they have something to benefit from the installation and you'll be much more likely to win them over and get an exception.

 

This is a townhouse style condo.

jamesbond007

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Re: Lawyer Mustachians in CA - Need your input on Solar Rights Act and HOAs
« Reply #6 on: February 14, 2018, 04:59:03 PM »
Is there a car port or some other structure that can take solar panels instead?



There is a carport and you have a very good point.

sailinlight

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Re: Lawyer Mustachians in CA - Need your input on Solar Rights Act and HOAs
« Reply #7 on: February 14, 2018, 05:04:44 PM »
Think about it from the point of view of the other residents. Why should they subsidize the risk of your saving money on your electrical bill? I think you'd be better off petitioning your neighbors to get a majority of homeowners on your side to pass a new rule related to this.

jamesbond007

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Re: Lawyer Mustachians in CA - Need your input on Solar Rights Act and HOAs
« Reply #8 on: February 14, 2018, 05:44:53 PM »
Yes. I will do that and it's a more democratic way. Thank you.

Livethedream

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Re: Lawyer Mustachians in CA - Need your input on Solar Rights Act and HOAs
« Reply #9 on: February 16, 2018, 09:21:39 PM »
If your not doing DIY solar install, if you have a reputable company do it, almost everyone now offers roof warranty for the lifetime of the system.

From a financial standpoint, unless your electricity bill averages above $150 a month, it may not be worth it.

Who is your power provider? Make sure you understand how they operate their (NEM) net energy metering for when your system would go live. PGE just recently changed theirs and itís less beneficial to new solar customers whereas I am grandfathered in to the original plan for 20 years.

From a green standpoint just know it is great. We are all electric and covered 99% of our energy use last year.

Good luck

jamesbond007

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Re: Lawyer Mustachians in CA - Need your input on Solar Rights Act and HOAs
« Reply #10 on: February 19, 2018, 03:24:58 PM »
If your not doing DIY solar install, if you have a reputable company do it, almost everyone now offers roof warranty for the lifetime of the system.

From a financial standpoint, unless your electricity bill averages above $150 a month, it may not be worth it.

Who is your power provider? Make sure you understand how they operate their (NEM) net energy metering for when your system would go live. PGE just recently changed theirs and itís less beneficial to new solar customers whereas I am grandfathered in to the original plan for 20 years.

From a green standpoint just know it is great. We are all electric and covered 99% of our energy use last year.

Good luck

From a purely financial point of view, it doesn't make sense to me. My average monthly bill is about $60 including electricity and gas from PGE. I just want to contribute to the environment by doing my part and going solar. I looked at PGE solar plan where I have to pay an extra $13 per month to get my energy from solar. But, I am rethinking this whole idea now. I will just get the HOA approval just in case if we need it in the future.