A RIGHT TO SUN

Solar panels causing some storms; Even as California and the federal government encourage solar power, homeowners often have to fight homeowners associations for their right to install the systems.
Catherine Saillant, November 30, 2009 (LA Times)

"…Camarillo resident Marc Weinberg last year asked his homeowners association for permission to put solar panels on his roof…When the Spanish Hills Homeowners Assn. said no, Weinberg sued the group. Under the state's Solar Rights Act, he argued, a homeowners association can't unreasonably block solar installations.

"Weinberg won, and the Spanish Hills Homeowners Assn. was ordered to not only permit the solar panels but to cover the tens of thousands of dollars that Weinberg had spent on legal fees. Since last fall, when he installed a double row of matte black panels, three other homes in the hilltop neighborhood of luxury estates have added panels…[S]imilar battles between homeowners groups and property owners are cropping up across the state as the installation of solar systems becomes more affordable and utility costs rise…Homeowners boards insist that they are protecting property values…[R]esidents say their right to invest in alternative energy trumps the sensibilities of neighbors who don't like how the panels look…"

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"Santa Clarita homeowner Marty Griffin put solar panels up anyway after his homeowners association rejected his application. The Tesoro Del Valle Homeowners Assn. sued him, and in early November a jury told Griffin the panels should be moved to a more discreet spot…Solar installer Bradley Bartz earlier this year threatened a Palos Verdes commun- ity group with legal action after it denied three clients…He filed a claim against the city of Torrance after it rejected another client's application. In all four cases, Bartz said, he prevailed.

"Homeowners' main defense is the Solar Rights Act, adopted by California in 1978 to protect consumers' right to install solar energy technology. The law makes it difficult for homeowners groups to reject solar energy equipment unless it creates a safety hazard or a modification can be made without great cost…Now, solar advocates are pushing for a federal version of the California law. Energy legislation that moved through the House…would make it illegal for HOA rules, leases or private contracts to prohibit the installation of solar systems…It's uncertain whether the Senate will keep the language…Industry officials say fewer regulatory hassles would speed the growth of jobs and move the nation closer to energy independence…Commun- ity Associations Institute…advises striking a balance between conservation and aesthetics…"

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"California two years ago launched a $3.3-billion effort to increase the use of solar statewide…Since then, the number of homes and businesses with installed solar has [grown] from 23,000 in 2006 to 52,700…The cost of small solar systems declined 9% in the last year and larger installations have fallen 13%…Still, the state is far from being on track to its goal of adding 3,000 megawatts in solar panels by 2016, sufficient to power 600,000 homes…

"The heightened activity has produced more battles, not just in California but across the nation. A Woodbury, Minn., man was reportedly denied permission to install solar panels on his roof because his homeowners association found them too obtrusive…In Somerset County, N.J., a homeowner was reportedly ordered to remove 28 installed panels. In Avondale, Ariz., retiree Hank Speak has been fighting for more than six years to keep his solar equipment. Arguing that the panels were ugly, his homeowners group imposed huge fines…But last year, an Arizona judge ruled that the association's restrictions were contrary to the state's support of solar power…Several states, including California, Arizona, Colorado and Florida, have laws that prevent homeowner groups from imposing too many restrictions. But…homeowners sometimes have to fight for their rights…"