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Has anyone done this? I wonder what the argument or rights are of homeowners who would like to pursue alternative energy sources. I'm just thinking out-loud in general. I just installed a new A/C and furnace, so I am not looking to change anything in my current town house, but, given the need to find alternative sources of energy, I am wondering how HOAs can hold people off from pursuing greener options these days. I would be interested to hear if anyone has done this in a condo. The irony is that apparently an HOA cannot block owners from using satellite dishes for cable access. Can the right to install solar panels be far behind? I'm mostly curious on everyones' thoughts.
There's a huge difference between TH and condo ownership. You need to know definitively which you are referring to.
When energy hit crisis levels, our elected officials paved the way for solar energy, specifically solar panels, much to the ire of HOA's across the country.
In condo ownership, the HOA owns the roof, so I don't know how an owner would install panels. But in a TH, legislation has been passed putting energy over ACC regs, so solar energy does share the similar freedoms of satellite TV.
There's a huge difference between TH and condo ownership. You need to know definitively which you are referring to.
When energy hit crisis levels, our elected officials paved the way for solar energy, specifically solar panels, much to the ire of HOA's across the country.
In condo ownership, the HOA owns the roof, so I don't know how an owner would install panels. But in a TH, legislation has been passed putting energy over ACC regs, so solar energy does share the similar freedoms of satellite TV.
A townhouse is a style of building. Many townhouses are condos. Since she wrote condo (townhouse) I think it is a condo. No different than saying condo (high rise).
In our condo complex of townhouse style condominiums all of the roofs are jointly owned by everyone in the complex (which is pretty standard). So, you would not "own" a private roof to install the solar panel.
Now, you may or may not own a deck where you could place a solar panel. In our complex while the association actually owns every deck each homeowner has exclusive use of the deck connected to their townhouse. In other complexes maybe the homeowner owns their deck. I don't know.
I agree....in our condo townhouse (can be both as was pointed out above), unit owners cannot attach anything to the exterior surfaces of the buildings with the exception of a satellite dish but ONLY if it is within the exclusive use area such as a balcony or lanai (patio). And, when it is removed, they are responsible for repairing the area damaged by the installation. If it happens that the exclusive use area does not happen to face in the right direction, the unit owner does not have the right to place the antenna elsewhere. IOW, it is not an absolute right. That being the case, I think it will be an even tougher slog to get the right to install a solar panel.
If you own the exterior yourself, though, I think it would be easier to get approval from a HOA if the panel wouldn't be visible from the street but I'm sure there are as many points of view on that as there are HOAs.
You guys need to read up on SOLAR RIGHTS LAW. In some states HOAs cannot prohibit the installation of the panels. If you live in Arizona, California, Colorado, Delaware, Florida, Maine, Maryland, Massachusetts, Nevada, New Jersey, North Carolina, Oregon, Vermont, Virginia, or Wisconsin, the law overrides any HOA contract that says you can’t have solar panels. That doesn’t mean the HOA can’t tell you where to put your solar panels, or how to install them– these laws usually say that some restrictions are possible. But if your HOA is saying that you can’t have solar panels at all, you can show them the law, or, in the worst case scenario, sue them. Importantly, these laws typically state that HOAs can’t deliberately try to delay the installation of your new solar system.
You guys need to read up on SOLAR RIGHTS LAW. In some states HOAs cannot prohibit the installation of the panels. If you live in Arizona, California, Colorado, Delaware, Florida, Maine, Maryland, Massachusetts, Nevada, New Jersey, North Carolina, Oregon, Vermont, Virginia, or Wisconsin, the law overrides any HOA contract that says you can’t have solar panels. That doesn’t mean the HOA can’t tell you where to put your solar panels, or how to install them– these laws usually say that some restrictions are possible. But if your HOA is saying that you can’t have solar panels at all, you can show them the law, or, in the worst case scenario, sue them. Importantly, these laws typically state that HOAs can’t deliberately try to delay the installation of your new solar system.
I know you to always provide excellent info so I took a look at our Florida statutes and learned something I didn't know! It's never come up in my experience but good to know...
FS 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) A deed restriction, covenant, declaration, or similar binding agreement may not 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 restriction, covenant, declaration, or binding agreement. A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit. 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° east or west of due south if such determination does not impair the effective operation of the solar collectors.
The statute goes on to say that it doesn't apply to railings, though.
Last edited by bbronston; 05-14-2016 at 12:22 PM..
You guys need to read up on SOLAR RIGHTS LAW. In some states HOAs cannot prohibit the installation of the panels. If you live in Arizona, California, Colorado, Delaware, Florida, Maine, Maryland, Massachusetts, Nevada, New Jersey, North Carolina, Oregon, Vermont, Virginia, or Wisconsin, the law overrides any HOA contract that says you can’t have solar panels. That doesn’t mean the HOA can’t tell you where to put your solar panels, or how to install them– these laws usually say that some restrictions are possible. But if your HOA is saying that you can’t have solar panels at all, you can show them the law, or, in the worst case scenario, sue them. Importantly, these laws typically state that HOAs can’t deliberately try to delay the installation of your new solar system.
That is interesting but in my condo complex, in Wisconsin, I only own the inside of the building to half-way between the inside wall and the outside wall (basically I own the drywall & half of the studs), and I do not own any part of the roof at all (only the inside wall that touches the roof). Yes, I suppose I could put up solar panels on my property but the only sun that they would get would be through my windows.
What Electrician said is consistent with my understanding- there are laws that are state-dependent.
However there are other issues. For example, the Florida statute says permission cannot be denied. But what about roof problems perhaps caused or aggravated by a solar installation? Can an HOA put requirements on the installation, or perhaps decline some responsibility for roof repair?
Also- unless the installation is owned- leased installations can cause problems if you ever need to sell the unit.
Generally speaking, townhouses only share walls and condos share walls, floors, and roof.
For the most part where I live, townhouses are vertical, if the building is four floors, you own all four floors and usually have a yard, many have private pools.
Condos tend to be one floor (an exception are PH) and have a shared pool.
It really depends on where you live. I've seen many townhouses painted different colors, have different roofs, etc.
I just can't see on a condo where you'd put the solar panels unless it was on your balcony and that doesn't seem like it would work.
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