HO Solar Rights Act - development of guidelines for solar panels?

Hi!

I own a townhouse style condo in IL. A bill has passed both IL Houses and is expected to be signed by the governor addressing solar panels for HOAs – including condo HOAs for buildings up to 30’ in height.

Here are links for a newspaper article, and for the Bill:

http://cbs2chicago.com/topstories/homeowners.solar.rights.2.1729107.html?detectflash=false

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=5429&GAID=10&DocTypeID=HB&Sessi76&GA=96

Synopsis As Introduced
Creates the Homeowners' Solar Rights Act. Provides that each homeowners' association and condominium unit owners' association shall adopt an energy policy statement concerning the location, design, and architectural requirements of solar energy systems or other energy devices. Provides that any entity that complies with the Act is not liable to any other resident or third party for such compliance. Provides that the Act does not apply to a building more than 30 feet in height. Includes other provisions.

I am interested in hearing any initial thoughts about this regarding location, design, and architectural requirements for a townhome style condo building.

Thanks,
Bonnie

How about GULF!!!!

Mary,

Many local power companies buy back excess wattage from homeowners when they have more than they need. The H.O. gets power credit so there is a growing trend to put up these bigger panels. The bigger panels are not nescessarily needed , depending on what you want your solar system to accomplish for you.

Heating swimming pools does not require that many panels but add a water heater to the grid, then more panels are needed.

Hi Bonnie,

I concur with your read of the new bill. Our association does not have any type of policy set up for this, however, I do feel its something we'll need to develop sooner than not.

Our complex consists of 56 two-story townhomes with various pitched roofs to add architectural interest. We have at least 3 out of 13 buildings that would require solar panels on the front of the townhome in order to face south. As board president and as an architect I would defnitely want to be a part of devloping such a policy.

We should be all for energy savings and yet, we do need to consider the overall appearance of the complex. I'll need to do more research as I'm sure we all will. However, I have a coouple of concerns/questions that immediately come to mind:

1. Roofs are a common element, maintenance and replacements is the repsonsibility of the association. I wonder what this means to have unit owner's private solar panels placed on association roofs?
2. Is it possible/feasble for the association to take on the repsonsibility of maintenance and replacement of solar panels that provide energy for a specific unit owner?
3. Is it possible/feasible for the association to place solar panels to provide energy for street lighting or to sell back energy to power companies?

Interesting topic to say the least.
Rick

Once again in an effort to do good the governement has complicated a situation.

How can you cover any and all aspects of such a situation with a mere 8 pages.

Now it would be up to property leaders who more than likely have no knowledge of this area of construction to determine what policy their property will follow.

Many areas of concern come up for me, some have been mentioned.

If the roofs are common property how do you let someone attach and penetrate an installed roof? What would that installation do to your warranty on the roof? And if the roof now leaks who would pay for the repair costs? Not many roofers would warranty a roof you allowed this type of installtion on.

Are the roofs or building structures capable of handling the additional weight of this equipment? If not who would be liable?

If the panels were to be installed and than roofs needed to be replaced who would cover the additional costs for removing and reinstalling the panels?

Exposure? What happens when the location of a building does not provide a southern exposure? Is that just tough luck for some owners and good luck for others?

Uniformity? Would you allow each owner to install with different contractors? Different products. Different sizes. Different colors? Different locations?

If the panels are installed and the unit sold and lets say the new owner no longer wishes to use this equipment who then pays to remove this?

My most important question would be how much electricity is produced and is the reward worth the effort, disruption, and cost to the property.

As in many cases the government requires you to do something just doesn't bother helping with the details of the requirement.

Good luck to the folks in Illinois who now on top of all the other issues now have to come up with a solar panel installation policy.

When you buy into a HOA/Condo property you accept certain restrictions now the government has removed any property's ability to control the appearance and these additions with little if any regard for the complications this also brings.

Rick there was a story in the news feed section a couple of months ago about a community that was replacing their street lights with ones that were solar and wind powered. They had maintenance free batteries in the base, a solar panel designed to shed snow and a vertical turbine instead of a propeller to catch the wind. They were fairly expensive but the cost is sure to come down as the technology improves and more companies get into that market.

Tim:

It is my understanding this new law applies to condos as well as HOAs and townhouse communities. If so, as is the case in my condo property the roofs are common property so things become a little more complicated.

Now if they have three story condos in Illinois which find themselves under this new law and each takes up one floor and your neighbor decides he would like to be the first solar panel user he installs HIS equipment on the common property roof. In a few months he saves thousands in electric usage. Now YOU want to install your own system. My question: Where do you now install yours?
The roof is already occupied so are YOU out of luck?

If the owner on the first floor makes the installation where does he run his wiring from the roof down to his unit? On the outside of the building (common property again)? Through your unit( private property)?

IMO this new law opens a huge can of worms which requires every association to formulate a plan. Asking people with no knowledge of this sort of installation creates many issues some of which will become apparent only with time. Along with the shortcomings of each properties policy.

Jon – you are correct – the law will apply to condo associations (that is my read of it). We are condos but look like townhomes. But we do have several buildings with 2 ranch style end units which sit one over the other. So your scenario raises additional questions.

Another issue which comes to mind: what about skylights – wouldn’t place a solar panel over a skylight.

“Only in the minds of elected officials can you require others to do what you yourself could not and didn't bother to consider the true impact of your actions.
But maybe there were some campaign contibutions involved?”

Your guess is as good as mine…..this is Illinois….

“My hope, you would draft a policy stick it in a drawer and HOPE no one becomes interested in making themselves the solar power pioneer.”

Actually, I question whether my Board will draft a policy unless they are handed one.

“Another question would be roofing materials. Shingle, flat rubber, stone, slate, metal how would each type be affected with this sort of installation?”

It is my understanding they are going with asphalt shingle (what we currently have). My concern is that they will not consider the potential for a solar panel request when they enter into a contract for roof replacement. Hopefully I will be wrong.

But, I will share the info with the BOD members and see how they respond.

Bonnie,

I've taken a look at the bill and my problem with it is that it does not address common areas and limited common elements. The bill should state the HOA cannot prohibit the installation of solar energy devices on a members "own property". And it should address what rights a condo owner has with regard to installation of solar energy devices. As it is written, IMO, it will cause many problems for condo boards. This is what happens when legislators don't understand HOAs and only listen to complaining constituents (who, more often than naught, know nothing about HOAs and how they work), special interest lobbyists, etc but do not listen to the people who have to abide by the legislation.

Rick,

I'm not sure that this would work or be legal for the Association to do. Panels and their associated circuity and other equipment (batteries, converters, etc.). need to be maintained and over time replaced. Your suggestion that the owner pays the installation cost and reaps the benefits is a good one. However, to have the Association spend funds to maintain/repair/replace a system that only benefits one member/lot may not even be legal.

I agree that issues raised here certainly needs to be addressed in any policy. It is obvious that the guidelines I offered that my HOA is considering would not work for an HOA with a common roof line maintained by the Association.

Tim

Looking at this as an accountant or engineer might...this may still be cost/technology prohibitive for whole house (100%) powering let alone having the power company "buy back" power in a Condo/Townhome situation.

You are not likely to have the "solar suface area" available to erect a large enough system or have enought "sun time" in many parts of the country to generate surplus power. The best you can hope for is to reduce your costs. But REGARDLESS of the amount of energy offset you can achieve you will not see a break even point for 2 decades.

In sunny s. fla. to TRY to supply 100% of my current power useage (~$150mo. yrly. avg.) I need 1000+ sq.ft. of solar panels (roof area) and due to the design of my roof may not have that much direct southern exposure. So for me the system will be less efficient than needed or need to be much larger to generate enough to even consider the possibility of power buy-back.

If you don't plan on living in the home for the next 20 years or don't have the money or surface area to oversize the system to allow possible buy-back it's not worth it...YET!

Thus, don't look for a rush of homes wishing to install these photo-voltaics until the costs and efficiency improve.