HOAs put solar panels under a cloud

Georgia development is the latest to argue that homeowners can't install roof panels to harness the sun's energy. In some states, associations don't have that right.

By Teresa at MSN Real Estate May 11, 2012 11:36AM

© Russell Illig/Photodisc/Getty ImagesWe've all likely heard stories about homeowners associations that leave us incredulous. They don't like flags. They don't like flowers. They don't like any number of decorative items that individual homeowners might choose to adorn their homes.

 

In Cumming, Ga., outside Atlanta, at least one homeowners association doesn't like solar panels. That's apparently a problem across the country, where associations say that solar panels mar the look of their communities.

 

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"It’s like living under communism — someone gets to dictate every possible thing you do," David Dobs told The Associated Press. He and his wife, Angel, have been trying to get permission since 2010 to put panels on the roof of their suburban home.

 

Their HOA board members argue that the Dobs family knew the rules when they moved in. "They chose to come into this community," board member Jim Graham told The AP.

The issue has been contentious nationwide. About half the states have laws that keep homeowners associations from banning solar panels, and some of those laws date to the 1970s. But an attempt to pass such a law in Georgia failed.

 

"They don’t like the way they look," Michael McQueen, the attorney who represented the Dobs family and has represented others in similar cases, told The AP. "And (homeowners associations) are all about looks. Is your lawn green? Are your hedges trimmed?"

The federal government encourages the use of solar panels; you can deduct 30% of the cost from your federal income taxes. Some state and local governments also offer tax breaks and rebates for installing solar panels. Those credits and deductions, plus declining prices, have helped make solar installations more affordable for the average homeowner.

 

In Salem, Ore., Larry Lohrman and a neighbor spent nine months getting their homeowners association to amend its convenants to allow solar panels, already legal under Oregon law. After their efforts, several more neighbors added solar panels.

"They’re just afraid that someone’s going to put up this big, honking ugly thing that reflects light and just looks ugly," he told The AP. You can see some photos of the installations on his blog.

 

What do you think? Should homeowners associations be allowed to ban solar panels?

 

103Comments
Jun 2, 2012 1:25PM
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dear HOA PRES FL

 

in case you haven't noticed, the home values IN FLORIDA are falling and falling.  thank you HOA PRES.

 

for the record, home values prior to HOA's increased because of the market conditions - NOT BECAUSE OF HOA's. 

 

florida is the worse when it comes to HOA's.  it seems as though every board member is of the lowest intelligence and uses thier "position" to make themselves feel like better about themselves.  it really is a very sad and pathectic site.

Jun 2, 2012 12:49PM
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It amazes me how many people trash HOA's.  These communities exist for a reason.  I guarantee that many of those who are complaining are the same ones who let mold cover the north side of their home, leave cars up on blocks in their front yard, have weed filled yards that never get mowed or even no green in the yard at all(dust bowl).  HOA's exist for 3 reasons...one..to maintain public areas and amenities like pools, tennis courts, ... etc...two...to enforce MINIMUM standards of homeowner maintenance...and ... three... enforce rules that ensure community standards are upheld.  You buy into an HOA community because you want a pool but can't afford one yourself and you want to insure that your neighbors don't paint their house pink and purple stripes and put plastic pink flamingoes all over the front yard.  Stop blaming the HOA boards for enforcing rules that you agreed on when you purchased your home.  If you don't want to abide by the rules then move out into the country, buy 30 acres and do whatever you want.
Jun 2, 2012 12:45PM
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I lived in a condo until the HOA fees cost more than my mortgage, then I sold and swore never again.
Jun 2, 2012 12:06PM
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Just one more reason I will NEVER live in an area with an HOA. I simply refuse to pay to have a group telll me what I can and cannot do with my property. My wife and I have looked at several homes in the past few years. We live out in the country and the drive is a killer on cars when it's 100 miles a day or more round trip. Every house we have looked at we have to ask if there is a HOA involved and if there is we just say " Thanks you for showing us the house",  and walk away.

Jun 2, 2012 11:47AM
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I paid for my own house with my own money. Nobody has the right to tell me what to do with it.
Jun 2, 2012 11:38AM
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In Colorado during a drought and heavy water restrictions, one HOA was forcing the home owners to face possible fines for over watering to keep their lawns green or face fines from the HOA. It’s insane when they feel their laws overwrite the laws of the land.  HOA’s are a true form of socialism with a side of dictatorship thrown in.

Jun 2, 2012 11:00AM
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since it contributes to the greater good for the nation as a whole then the covenants should be overruled. these associations are made up by the same citizens that complain about pollution, high energy prices, and dependence on middle east oil. yet based on looks they are against this technology. just imagine if they would have had to use ration stamps during world war 2 when EVERYONE made sacrifices.
Jun 2, 2012 10:51AM
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Buying a house with an HOA is one of the most dumb things anyone could do, Notice I said house, a condo or a town home NEEDS a HOA because of the shared walls, roof, yard, etc. so you have to have something in place to collect the money needed for these shared responsibilities, but a sub division of single family homes  does not need anything more than the city's code book the be a clean , nice neighborhood. 

Of  the 26 homes on our street 24 put up lights  & decorations for Christmas, and now we have tour busses coming thru to view this non HOA neighborhood. Yes we might have someone with a race car trailer on the side of his house , but so what ,it is HIS house. We have solar panels, basketball nets a wide variety of landscaping,, and colors, all the things that make a house a home to THAT person, not what a committee deems right for the neighborhood.

Jun 2, 2012 10:41AM
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When you live in a controlled community, gated or not, you are governed by the Deed Restrictions passed on by the developer. Deed Restriction vigilance is only part of that the HOA is required to do.

If your sub-division has a pool, tennis court, basketball court, pool shelter, common ground islands, baseball/softball field, or any other recreation areas, someone has to be the responsible party to take care of maintenance, insurances, capital projects, etc.

The HOA is the one who files the Corporate Annual Report, complies with state and local code requirements for safety on the common grounds, collects the assessments, etc. A good HOA is proactive and educates the homeowners.  Obviously, there are bad HOAs, just like there are bad areas to live.  Yes, there are power hungary Officers and Directors. I suggest becoming active and join the Board and be part of the decision making process. Many times getting new blood is difficult and Board members are often forced to stay long beyond their intended terms.

I am also proud to drive around our sub-division of 36 years and see a stable and clean environment free of jacked-up cars on blocks, commercial vehicles parked in driveways, yards kept neat , and crime free.

This is why our property values have remained stable. It is all relative.

 

 

In America, you have the choice . If you made the choice,

Jun 2, 2012 10:35AM
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"It’s like living under communism — someone gets to dictate every possible thing you do." - David Dobs.

OK, clearly David Dobs is a moron (It would be like living in a dictatorship, dude.), but the HOA is a collection of morons. Any organization that is against alternative energy sources based on the appearance thereof deserves to be exiled to the sun.
Jun 2, 2012 10:24AM
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I serve on 2 Home Owner Association Boards and while what we do is not always popular, it does benefit our communities.  If the rules and regulations are not abided by it affects every owner in the community.  While I live in a condo our community is made up of single family homes and townhouses and each has their own governing Board.  I serve on the condo and overall Boards and it is a learning experience each meeting.  Our Condo Board reviews every few years  and makes changes that we feel keep up with the times while maintaining the overall appearance and interest of our community.  Our Board is unpaid and we have trouble getting support for committees and end up doing all the work that the individual homeowners should invest their time in and most don't even find the time to attend the annual meetings.  I enjoy my home and intend to do whatever I can to maintain its value in spite of the disinterest most of my neighbors seem to have regarding their investment.
Jun 2, 2012 10:07AM
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Many HOA are created by the developers to release them of liability as the subdivision grows.  These developers seem to use the same template that makes changing the covenants to any HOA rules very difficult if not impossible.  I have lived under our HOA rules for 25 years but have learned to stop asking for permission.  Let the burden lay with the HOA, just be sure what you are doing is in code and permitted. 
Jun 2, 2012 10:04AM
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Personally, I think homeowner associations should be banned. My niece in Portland, OR recently purchased a home, expecting to remove the large, rotted out tree in the front yard. The HOA says she can't cut it down, even though the tree is an obvious hazard not only to her home, but the neighbor's home, as well.
Jun 2, 2012 9:41AM
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I bought my own house so I would not have someone to tell me what I can and can't do. HOA's would defeat this freedom I have worked so hard for.

 

Why any one would buy a house with HOA's must be super rich and superficial or just superstupid!

Jun 2, 2012 9:35AM
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Village-idiot2,  HOA's keep folks like you from parikng 13 cars on the front lawn and thowin' your chicken bones out the window.  HOA's help maintain property values of the neighborhood and if these folks didn't like it they shouldn't have moved in.

Jun 2, 2012 9:00AM
Jun 2, 2012 8:58AM
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Yes HOA can be a pain but on the other hand they have certainly saved my townhouse's value by not allowing the idiots to decorate as if they lived in the slums. Some HOA are power hungry and don't know how to deal with people. We've have them too but you can deal with them. Now we have a board that stills keeps the rules but deals with the people in a respectful manner. With the housing market fall our townhouses are still sought after and the value for the most part has remained up even today. Without the bad there's no good and one neighbor can devalue everyone's property. So if you don't like it don't sign on in the first place. Simple. The world doesn't not revolve around these individuals that move in and think they can do what they want and then complain. It's about the majority and there rights as owners. If the laws need changing then put it up for a vote.
Jun 2, 2012 8:57AM
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I definitely think homeowners should have whatever energy source they desire as long as it does not

cause harm to anyone. I think they are a wonderful natural source of energy and I think they actually add value to anyone home and are a status symbol. Anyone that would vote against it probably is jealous

that someone else can afford to do it. This is America Land of the Free. Homeowners Associations

may find themselves in trouble in the future as more and more homeowners decide the price of an

association is to high. I believe my land is my land..

                                                                                          Charlotte in S.C.

Jun 2, 2012 8:28AM
Jun 2, 2012 8:22AM
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The first thing I asked when I was looking at properties was, "Is there a homeowner's association with this property?  Yes?  Click."  I saved everyone a lot of time by asking right away.  And I'm delighted to see that those same properties are still listed three years later.  The HOA is probably asking itself, "Is it me?  Do I stink?  Hey Carl, smell me, do I stink?"
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About Teresa Mears

Teresa Mears

Teresa Mears is a veteran journalist who has been interested in houses since her father took her to tax auctions to carry the cash at age 10. A former editor of The Miami Herald's Home & Design section, she lives in South Florida where, in addition to writing about real estate, she publishes Miami on the Cheap to help her neighbors adjust to the loss of 60% of their property value.

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