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Subject: California HOA Rules with Solar Panels

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CharlieM
(California)

Posts:42

03/16/2010 11:45 AM
Hello everyone, Our Architectural Committee is in the beginning stages of developing standards for our community regarding the installation of Solar Energy Panels. The state has specific codes in respect to HOA's and their rights to approve the installations of these panels. What we would like is for anyone who can share what their rules are with this subject. We are a gated custom home community. Any input would be welcome. Thank you.

KenS3
(California)

Posts:6

03/17/2010 1:51 PM
We are in California and here is the ARC Guidelines for Solar: Solar Energy System. See Checklist #24. California promotes and encourages the use of solar energy systems. As described in Public Resources Code §25981, alternative energy devices, such as "solar collector" means a fixed device, structure, or part of a device or structure, which is used primarily to transform solar energy into thermal, chemical, or electrical energy. The solar collector shall be used as part of a system which makes use of solar energy for any or all of the following purposes: (1) water heating, (2) space heating or cooling, and (3) power generation. Accordingly, Civil Code §714 states the Association cannot (i) prohibit solar energy systems, (ii) impose restrictions that significantly increase their cost, or (iii) impose restrictions that significantly decrease their efficiency. However, as provided for in Civil Code §714.1, the association may impose reasonable provisions: SCLHCADesignGuidelinesMarch2009 Page 42 Revised 10/12/2009 87.1 A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. 87.2 A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation (SRCC) or other nationally recognized certification agencies. SRCC is a nonprofit third party supported by the United States Department of Energy. The certification shall be for the entire solar energy system and installation. 87.3 A solar energy system for producing electricity shall also meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. 87.4 If visible to neighboring property, ground-mounted solar equipment will be screened by a structure no higher than one foot above the equipment to be screened or by plant material of adequate density to accomplish the same result. The screening structure will not exceed five feet in height and shall be of a material and color compatible with house body or trim color. Ken

CharlieM
(California)

Posts:42

03/17/2010 8:54 PM
Thanks Ken, Are there any guidelines on roof installations?

RobertR1
(South Carolina)

Posts:5164

03/17/2010 11:05 PM
Charlie and Ken, I think Ken posted you were a Gated Custom Home Community. This could or could not include Condominiums. I have read the ACC rules and really can't be certain if you are referencing Condos or not and do these California Laws address say a Townouse Condo that would allow for panels on a private roof. Can panels be installed on a roof that is common property?

KenS3
(California)

Posts:6

03/18/2010 12:53 PM
My post has to do with California laws dealing with Solar - might not apply to other states and these guidelines are not for a gated community as we are not. I live in one of the largest active adult communities in California, single family homes. Condo's will be different as they have common roofs. Look at the civil code I stated - easy to look up on the internet. Ken

KenS3
(California)

Posts:6

03/18/2010 1:21 PM
Forgot to answer the question but installation - in our community (HOA) are single family homes and how they are installed is up to the owner and the contractor. Solar contractors in California must be licensed. Residents are required to submit plans from the contractor and must meet our HOA standards. Ken

KenS3
(California)

Posts:6

03/18/2010 1:21 PM
Forgot to answer the question but installation - in our community (HOA) are single family homes and how they are installed is up to the owner and the contractor. Solar contractors in California must be licensed. Residents are required to submit plans from the contractor and must meet our HOA standards. Ken

RobertR1
(South Carolina)

Posts:5164

03/18/2010 1:56 PM
Ken, You are really good at answering questions so how about this one? I am sure there are lots of interest in this and by summer there may be a big surge in this kind of energy use. Your association is the entity I am asking about. You personally may be out in front of the curve, you seemed to have a lot of information to share. Does your association have in place a set of guidelines that would be applied to all solor panel requests. Did you actually amend your documents or did the Board do something like a resolution to set polices that the association can enforce? If you all are down the road a little or a lot on this, how did you get as far as you are administratively?

KenS3
(California)

Posts:6

03/20/2010 11:12 AM
We are a forward HOA - California has laws dealing with Solar put into effect a few years ago. As our CC&Rs and By-Laws refer to the ARC as being the body that sets standards for the community, they set the guidelines and then present them to the BOD for posting (45 days per California Law) for input from our residents. After the 45 days the BOD votes to accept, reject or modify and approve. Once this is done the ARC has forms and for the residents to fill out and submit for approval. In the past 4 years the ARC has approved over 150 Solar installations (we have 6782 homes in our HOA and over 12,000 residents). What you have to look at are any laws in your state dealing with Solar - Ken

ShaneM2
(New Jersey)

Posts:1

04/24/2011 11:05 PM
Ya it actually rules..I have heard a lot about it.The solar plant over there actually rocks.

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