Transcript jj - Solar Washington Association

Solar Panels and HOAs –
One Homeowner’s
Experience
Presented To: Solar Washington General Meeting
By: Don Stimson
Date: March 4, 2015
Solar Project Design
6.5 kW System
 27 Itek Energy IT240 Panels
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15 On Rear Roof (not visible from street)
 12 On Side Roof (partially visible from street)
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27 EnPhase Energy M215 Microinverters
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Design and installation by: Sunergy Systems
HOA Rules
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Proposed alterations must be submitted for
approval to Architectural Control Committee
Committee determines if the proposed alteration
“harmonizes with the (1) surrounding structures,
(2) surrounding natural and built environment,
and (3) aesthetic character of the other homes
in the Plat
Committee has 30 days to respond (or alteration
is automatically approved)
WA State Law – Solar Panels and HOAs
Pertinent Sections
 HOA may not prohibit installation as long as the
solar panel meets applicable health, safety, and
performance standards
 HOA may:
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Prohibit the visibility of any part of a roof-mounted
panel above the roof line
Permit attachment of a panel to the slope of a roof
facing the street only if:
The panel conforms to the slope of the roof; and
 The top edge of the panel is parallel to the roof ridge
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WA State Law – Solar Panels and HOAs (cont)
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HOA may require:
Panel frames, support brackets, or any visible
piping or wiring to be painted to coordinate with
the roofing material
 Indemnification or reimbursement to HOA or
members for loss or damage caused by
installation, maintenance, or use of solar panels
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The HOA may also apply other reasonable
rules regarding the placement and manner of
solar panels
Our Interaction With HOA
Applied for approval of our solar panel
project on April 22, 2012
 No feedback or questions from HOA
 Approval was denied on the 30th day
 Reasons for denial consisted of:
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Several questions indicating a lack of knowledge
about solar electric systems, and
 The HOA’s interpretation of the state law
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Issues With Wording of State Law (RCW 64.38.055)
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HOA may:
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Prohibit the visibility of any part of a roof-mounted panel
above the roof line
Technically, the roof line is the roof surface. Any roofmounted panel will be above the roof line. Law should
reference roof ridge or peak line.
Permit attachment of a panel to the slope of a roof facing
the street only if:
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The panel conforms to the slope of the roof; and
The top edge of the panel is parallel to the roof ridge
Stated as a permissive action (“HOA may”) rather than
being mandatory (“HOA must allow a panel on a roof
facing the street if”)
Issues With Wording of State Law (cont)
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The HOA may also apply other reasonable rules
regarding the placement and manner of solar
panels
Open ended clause potentially enabling an HOA
to apply any rules they want to. Who defines
what is reasonable?
Our HOA considers solar panels to be ugly
eyesores. They use this clause to prohibit
visibility from the street.
No Restrictions On HOA Rules Concerning
Aesthetics
Further Interactions With HOA
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After several fruitless letters back and forth, we
had to sue our HOA to:
1.
2.
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Try to get our panels installed
Get an interpretation of the state law
Motioned for summary judgment
Motion was denied on the basis that the judge
felt a full trial was needed to determine if the
HOA restrictions were “reasonable”
A settlement was reached with the HOA prior to
full trial
Settlement
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Limited section of side roof on which panels
could be installed. (Fortunately, Sunergy was
able to fit 3 more panels on rear roof and situate
panels on the side roof such that we retained
the full complement of 27 panels.)
Required additional fir tree to be planted to
further block visibility of the panels from the
street
A few other provisions to reduce visual impact
Result
Installation performed 11/19-22/2013 (19
months after initial application to HOA)
 Some positive changes (for us) from the
delay:
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Price reduction
 Increase in per panel power output
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 255
Watts STC instead of 240 Watts STC
 6.9 kW STC system output instead of 6.5kW
Our System – Rear Roof
Our System – Side Roof
System Performance
First full year performance
January 1 to December 31, 2014
Expected Power Output
Actual Power Produced
6998 kWh
8460 kWh
 Offset of Estimated Annual Electrical Usage:
 Original design – 57%
 Final realized design – 60%
 First year actual power production – 72%
Conclusions
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WA state law on HOAs and solar panels needs
revision – currently any HOA can prevent a
homeowner from installing solar. Our own HOA
maintains rules that effectively prohibit about
75% of our development from installing solar.
Lawsuits are very expensive, time consuming,
and stressful
Support from Sunergy Systems throughout this
ordeal was incredible