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Tuesday, April 13, 2021











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Subject: Solar panels
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Author Messages
JignyaT
(California)

Posts:21


03/22/2021 1:42 PM  
Hello,

I am currently President of our Board. Our community is a medium sized community of townhouses with 3 units to a building, so every 3 units have a shared roof. We are in California and state law prohibits associations from rejection applications for solar panels as long as their is equity (e.g. space on the roof for other owners to install).

We have one unit currently with panels and another with an approved arch app.

There is one particular company that is sending an aggressive salesperson around to knock on doors. They are providing (in the view of one of the owners they tried the hard sell with) mis-information about costs and the state/federal rebate programs relating to solar. This owner has requested the Board consider banning this company from the premises altogether.

Our policy and law does allow for Associations to require that installers indenmify the HOA and carry insurance. Other than that, no specific guidance. As the solar contracts are made by individual homeowners for their units, I am assuming the Board or HOA has no authority to ban an individual company, but can review any arch applications and confirm their license and insurance. Is my thinking on this correct?

Thanks in advance.
TimB4
(Virginia)

Posts:17531


03/22/2021 2:42 PM  
Can you provide a link to the specific statute?
JignyaT
(California)

Posts:21


03/22/2021 3:14 PM  
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=714

Sure, here it is - CA Civil Code Sec 714 (link above - hope it works).

Thanks,
Jignya
JohnT38
(South Carolina)

Posts:544


03/22/2021 3:20 PM  
"They are providing (in the view of one of the owners they tried the hard sell with) mis-information about costs and the state/federal rebate programs relating to solar. This owner has requested the Board consider banning this company from the premises altogether."

I wouldn't touch this with a ten foot pole. One person's opinion does not warrant banning a company even if you can do this. The HOA can't protect a private owner from taking the bait and getting burned by a company they are paying for services.
JohnC46
(South Carolina)

Posts:10816


03/22/2021 3:24 PM  
Posted By JohnT38 on 03/22/2021 3:20 PM
"They are providing (in the view of one of the owners they tried the hard sell with) mis-information about costs and the state/federal rebate programs relating to solar. This owner has requested the Board consider banning this company from the premises altogether."

I wouldn't touch this with a ten foot pole. One person's opinion does not warrant banning a company even if you can do this. The HOA can't protect a private owner from taking the bait and getting burned by a company they are paying for services.



I agree. Also our HOA is posted No Solicitation so no salesperson can go door to door though we get some occasionally.
JignyaT
(California)

Posts:21


03/22/2021 3:28 PM  
Thanks John, that was my thinking too - we can't police people from making poor individual choices.

I don't even think we can ban a company just on one person's allegations. All we can do is review submitted applications but the law limits the HOA's ability to reject, though we can confirm valid licenses and insurance.

Last year our legal counsel put together a indemnity document that owners sign with their application for solar panels which requires them to be responsible for maintenance, repair, and temporary removal if the HOA needs to perform roof work.

MelissaP1
(Alabama)

Posts:10060


03/22/2021 3:37 PM  
My area you have to have a permit to go door to door. We also have posted "No solicitation" at the front entrance. Best advice is contact your police department to find out the policy on sales to sales people. That way can call the police to enforce getting rid of them.

Ironically as writing this, had a sales person come to my door... LOL...

Former HOA President
JignyaT
(California)

Posts:21


03/22/2021 3:44 PM  
Ugh they are ridiculous!

In this case the person scheduled an appointment with them so can't do anything about that really.
MichaelS56
(Minnesota)

Posts:161


03/23/2021 1:41 PM  
Our association has the same format as Melissa.
NpS
(Pennsylvania)

Posts:4142


03/23/2021 2:27 PM  
Our township issues permits. They maintain a no solicitation ("do not call") list that anyone can sign up for. Our HOA is on the list.

We ask our homeowners to get the individual's name off of the solicitor's permit, call the township and ask for that permit to be revoked.

The permits are photo-ID cards that are supposed to be displayed on the outside of the clothes and visible when they knock on doors. Some solicitors hold their permit in their pockets and show them only when asked. If someone is going door to door without a permit on display, we ask our homeowners to call the police because it is illegal in our township to solicit without a visible permit.

We still get solicitors. Some wear clothing with recognizable brands of companies that they supposedly work for. We ask our homeowners not to trust anyone by their clothing. Only the permit matters, and our HOA is excluded.

Sikubali jukumu. Read all posts at your own risk.
SueB9
(Alaska)

Posts:17


03/23/2021 4:04 PM  
That contractor may be involved with unscrupulous practices, so in order to protect the rest of the community against disreputable contractors, I think the contractor could be vetted to see if there has been any complaints lodged against the contractor's license, check for approved and finalized permits issued in your local community or throughout your state, check the court records for litigation, and consult the BBB.
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