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North Carolina HOA Help

Ellis Redding

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Feb 23, 2022
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North Carolina has a State Law saying that neither Municipalities nor HOAs are capable of preventing installation of Solar Panels.

Despite this and informing my Architectural Review Board, they still refuse to permit me to install a ground mount system in my back yard in a place where it isn't visible from a common area.

I had even proposed installing it at the bottom of a 12' slope below grade from everyone in the neighborhood.
Still denied.

I have done everything I possibly can think of to work with them, I've changed the design such that it's less than 6' tall in case someone want to put up a fence to block a view. (which doesn't even start to make sense, honestly)

I don't really want this to go to a court and I'm tempted to install the system without approval.
Is there any way to get past this without legal help?
 
Put it in the Front yard next to a 10' Satellite dish and an amature radio tower.
 

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Why are they rejecting your request?

As a neighbor, I would only care about your anchoring method. As I'm sure you know, wind can create a dangerous situation if panels are not anchored sufficiently.

Can you present a case that proves that your system is safe in every regard? Or are they simply rejecting your requests due to objectionable appearance?
 
I want to start by saying I'm not a lawyer, and I don't live in NC.

I imagine that if there is a specific state law that prevents HOAs from stopping solar installations, that as long as you have proper city / state/ KGB permitting, you could just put it in and they couldn't really do anything. I would make sure to cross your T's and dot your i's though, because I'm sure they'll be pissed and looking for something to get you with.

I wouldn't care so much if the HOA was mad, but I definitely don't want to make my neighbors mad, that makes for a miserable living situation.
 
"AN ACT TO PROVIDE THAT CITY ORDINANCES, COUNTY ORDINANCES, AND DEED RESTRICTIONS, COVENANTS, AND OTHER SIMILAR AGREEMENTS CANNOT PROHIBIT OR HAVE THE EFFECT OF PROHIBITING THE INSTALLATION OF SOLAR COLLECTORS NOT FACING PUBLIC ACCESS OR COMMON AREAS ON DETACHED SINGLE-FAMILY RESIDENCES. "

Maybe if you put the panels on the roof, not in the yard?

But, the above is the title, which may not have legal meaning.

This law appears to prohibit restrictions by the government and restrictions recorded in the deed.
Not restrictions imposed by management of the private organization which is the HOA.
 
Is the ARB using the section below to justify their decision? If HOAs fall under what you posted, it reads to me like it says they can't deny you from installing solar totally, but do have a say on location/screening.

"(b) This section does not prohibit an ordinance regulating the location or screening of solar collectors as described in subsection (a) of this section, provided the ordinance does not have the effect of preventing the reasonable use of a solar collector for a detached single-family residence."
 
Why are they rejecting your request?

As a neighbor, I would only care about your anchoring method. As I'm sure you know, wind can create a dangerous situation if panels are not anchored sufficiently.

Can you present a case that proves that your system is safe in every regard? Or are they simply rejecting your requests due to objectionable appearance?
They are rejecting it based on 'We're allowed to reject it if it's visible by your neighbors'.
This is neither in the rules of the HOA, nor is it in accordance with State Law:
1652362610720.png
 
Googling around, I've run across several articles that make the point this one does:

What Is the North Carolina Solar Access Law?​

In 2007, North Carolina drafted and passed its first solar access law. Known as SB670, the law prohibited an HOA’s CC&Rs from banning “the reasonable use of a solar collector for a detached single-family residence.” The law only applies to HOAs formed after 2007.

While this law was a good first step toward protecting the solar rights of homeowners, it didn’t prevent associations from controlling where owners could install their solar panels. Essentially, HOAs don’t have the ability to deny requests to install North Carolina HOA solar panels, but they can block homeowners from installing them on a roof that faces the street or public — even if such a placement allows for maximum sun exposure.

North Carolina is not unique in that other states have similar solar access laws in place. For instance, the Solar Rights Act in California offers similar protections, prohibiting HOAs from banning solar panel installations. Solar access laws also exist in Arizona, Texas, and Florida. While these laws prevent an association from enacting rules that disallow solar panels, HOAs generally retain the ability to restrict their placement. Additionally, many HOAs require homeowners to go through a detailed application and approval process.
 
Googling around, I've run across several articles that make the point this one does:
Just to make it clear how absurd they are being, here is one proposal I've had denied. This one is 12' below the grade. The only public area is road in the bottom left:
1652364021971.jpeg
 
Even if you are in the right and get to install your panels, that would probably put you in the cords eyes of the HOA and you'll start getting notices about your lawn being 1/4" too long and your paint being the wrong shade of beige.

From the link posted by luckielab:
"The law only applies to HOAs formed after 2007."

That might be your hiccup.
 
Around here, if the array is on the roof and not facing the street (street where the house has the "front door") then they cannot prevent the addition. You're not on the roof so the state law isn't on your side. It's as simple as that. The board is in their right legally. Could they accommodate you? Sure, they could. But most states have another law that if the HOA ignores violations of restrictions for X number of years then the restriction is null and void.

That said, I agree with you that the location seems like it wouldn't raise any objections. If you get your neighbors on board and have them put in their $.02 to the board you might have a chance.

I've served on two different HOA boards as an officer. The outlandish things that people did or tried to do would amaze you. 99% of the requests were easy to approve. It was that 1% that got people riled up. I would like to think that we weren't one of those a-hole HOA boards.
 
Around here, if the array is on the roof and not facing the street (street where the house has the "front door") then they cannot prevent the addition. You're not on the roof so the state law isn't on your side. It's as simple as that. The board is in their right legally. Could they accommodate you? Sure, they could. But most states have another law that if the HOA ignores violations of restrictions for X number of years then the restriction is null and void.

That said, I agree with you that the location seems like it wouldn't raise any objections. If you get your neighbors on board and have them put in their $.02 to the board you might have a chance.

I've served on two different HOA boards as an officer. The outlandish things that people did or tried to do would amaze you. 99% of the requests were easy to approve. It was that 1% that got people riled up. I would like to think that we weren't one of those a-hole HOA boards.
Why does ground mount = no rights under the law?
 
"no person shall be denied permission by a city to install a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a detached single-family residence."

That clause doesn't say roof or not.

"This section does not prohibit an ordinance that would prohibit the location of solar collectors as described in subsection (a) of this section that are visible by a person on the ground: ... On a roof surface that slopes downward toward the same areas open to common or public access that the façade of the structure faces;"

This clause permits restrictions regarding some roof faces.

It would appear that either ground mount or backside of roof are among the locations they can't prohibit, so long as out of sight from some locations.

I still suggest getting the h*ll out of that place. Maybe keep it as a rental. HOA (and condo with building exterior maintenance provided) can be OK for rental with good tenants, but not good for those of us who enjoy our freedom. Or just sell. Get some nice acreage.
 
Why does ground mount = no rights under the law?

That state law seems to be written to allow PV deployment on a roof. Put in a request for roof deployment (that abides by the law) and they don't have a leg to stand on.

My local HOA revised the covenants after the state passed a similar law. The covenants weren't any more restrictive than the law, they simply provided more clarity for the homeowners so they didn't have to become a part-time lawyer.
 
You should do a paid consultation with the top 3 atty in the area that specialize in real estate and HOA's. Then pick your favor and have them serve notice to the HOA president and each of the ARC members that you intend to proceed.

See if the HOA really wants to battle over it or not, in most cases the answer is no.
Courts HATE HOA's, especially in these situations so I'd start with the letter and see what happens.
We went through the same thing with Sat Dishes and after HOA's lost some big cases, they quit fighting it.
 
We are allowed to put a satellite dish on condo roof.
Contractor requires customer to sign an indemnification for damage to tile roof.
Therefore, the tenants got cable instead.
Just because law requires them to allow, doesn't mean it will be feasible.

(One of our tenants was the exterminator. He said cable company was a good source of business for him, because they always drilled a hole in the wall and didn't seal it, providing access for rodents.)

In this case, although there is an HOA, it is OP's own house and roof so not such an issue.

Do HOA rules dictate color of shingles/tiles? (probably)
If solar shingles/tiles were installed where facing street (and sun), that might be allowed (but not necessarily cost competitive.)
I've seen some in my area which blend in well.

Likely, HOA will allow panels in some location when presented with the law. But it will be the surface of the roof facing North, which will only produce power in the summer. If you could mount panels as an awning off the eaves in back then they could have a better tilt.
 
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