Neighbor does not want me to install ground mount solar

[ymd]

We are building our new house and have plans to add a ground mount solar in our back yard. My county requires that if the panels are closer than 50 feet from our property line, we need to install an opaque wall or vegetation that grows higher than the panels to obscure the view from the affected neighbors. To avoid that we can get written permission from the neighbor to not install the wall or plant vegetation. Our plan makes the end of our arrays to be within 40 feet of the property line.

I talked to our neighbor. The old couple said they are worried about the views. I told them that the panels will point to the South and they are on the East side of my property and they will not get any glare. I offered to pay for whatever vegetation they want either on their property or my property to keep their aesthetics. They wanted to see my plans. I should not have shared it, but I emailed the plans to them.

They have replied that they don't will not give me permission as I am installing a "huge" system at an "industry level power plant". He says the system is too big for my family! How the heck would he know what is the size of the system my home would need? That it would be an eyesore and has also urged me to drop the idea as it would affect our views too! He has acknowledged that I have been generous to offer to pay for any vegetation and went on to say that I would maintain the vegetation (which I did not offer). I might sell my property and the future owner might not maintain the vegetation and some wild animals might destroy it. And finally, he has said that he has forwarded my plans to the HOA president to "look into it"!

I know I am on solid ground and nobody can stop me from installing the system on my property. I can simply make 3 arrays instead of 2 and be within the 50' from my property line and that would make it a "bigger eyesore" to them.

I want to maintain good neighborly relationships. How should I respond to this?

 

[Mav986]

Well it seems to me your neighbors have fired the first shots. And on top of that they have threatened to involve the HOA? WTF? Are we living in East Germany Stasi or USSR KGB civil spy network? You stay within your rights and build that thing 50ft away and screw them. If they wanted guaranteed views then they can go buy acreage and build somewhere else.

 

[TomC4306]

Move

 

[dr.diesel]

Don't give him a cent and build anyhow. He can plant whatever he wants and maintain at his own expense.

 

[Tulex]

You say if you are closer than 50 feet, you have to build a screen if you can't get approval not to, not that you need their approval in any scenario.
So build where you want and put up a screen. It's not like you will want to see their grumpy faces once it's up, and they will be grumpy regardless of what you do.

 

[42OhmsPA]

I'd set it 51' back and build baby build.

 

[Brucey]

I'd go as tall as code permits to make a massive eyesore given their attitude when you tried to approach in a friendly neighborly fashion initially.

 

[Q-Dog]

I do believe Arizona is one of the states that has "Right to Solar" laws, meaning the neighbor and the HOA cannot prevent you from installing solar panels. They can make reasonable restrictions on where you can install solar. You need to investigate the law, don't just listen to what the neighbor and the HOA says.

 

[jimf909]

Well it seems to me your neighbors have fired the first shots. And on top of that they have threatened to involve the HOA? WTF? Are we living in East Germany Stasi or USSR KGB civil spy network?

That's a bit extreme. Living with an HOA means signing away some property rights. Countless millions choose to do so in exchange for the benefits they provide. Don't ask me what they are, my nearest neighbor is 1.5 miles away.

 

[BarracudaBob]

Dam young people with all their high tech gadgets taking over... Why can't they have cows and chickens like everybody else!

Know Your Rights - Arizona Solar Center​

 

[Mav986]

That's a bit extreme. Living with an HOA means signing away some property rights. Countless millions choose to do so in exchange for the benefits they provide. Don't ask me what they are, my nearest neighbor is 1.5 miles away.

I lived in HOA properties.
Never again. Those folks are little tyrants.
Sorry.

 

[Tulex]

I know they have to have rules, but they are often so stupid. At 49 feet, a professionally installed system might not be an eyesore. At 51 feet, a hack job could be butt ugly. But, things look much better 2 feet farther away.....

 

[SparkyJJO]

Dam young people with all their high tech gadgets taking over... Why can't they have cows and chickens like everybody else!

Know Your Rights - Arizona Solar Center​

What about middle aged people with both high tech gadgets and chickens and cows?

 

[Farm Boy]

My son lives in a HOA area. Every one has alike places and no one stands out. All the shingled housed look alike colors as well as siding. No one has sheds in there back yard, No ham towers or solar panels in there yards. Great place to live if you like being controlled. I prefer out of the city limits way off the beaten path where the only rules are if you ask.

 

[Dagoth Ur Does Solar]

I lived in an HOA neighborhood for a little while. It was on the opposite end of the spectrum where they didn't do anything at all.

A communal mailbox (one of the large metal kinds that held mail for like 20 homes) rusted out and fell over.

I assume it's the HOA's duty to replace it, but it took literally over a year. I had moved out right when the thing fell over... But if always drive by to check on if they'd replaced it yet.

But I hear horror stories of the other end of the spectrum. Regardless, I'm also never going to life in an HOA neighborhood again if I can help it. It's the unincorporated county for me, all the way.

 

[Supervstech]

Whelp, you tried to avoid the fence.
They said no.
So build what you want, where you want it, and put up the fence.
Sucks to have rotten neighbors.

 

[Fisherguy66]

As shown in my avatar pic my neighbours preferred I put panels up so they didn't have to look at me walkin' around in my undies in the back yard.

 

[Brett V]

I would inform the neighbor that the panels are going up. They can have some say in what kind of vegetation you provide, or no say in the choice of screen you install. I absolutely detest HOA's!

 

[jimf909]

As shown in my avatar pic my neighbours preferred I put panels up so they didn't have to look at me walkin' around in my undies in the back yard.

I've always said that if you don't want to see the nekkid old guy then don't look in the nekkid old guy's windows.

 

[455dan]

I know they have to have rules, but they are often so stupid. At 49 feet, a professionally installed system might not be an eyesore. At 51 feet, a hack job could be butt ugly. But, things look much better 2 feet farther away.....

Yep,

can't have a deck if they don't approve, wait a minute what color are you considering, what is going on on that deck , not considering a hot tub are you?? Don't add a quart of oil to your car in your own drive way , in fact don't dare to even open the hood etc etc.

Never again.

 

[ricardocello]

You need to know exactly and fully what the published HOA rules are.
You need to know exactly and fully what the county code and ordinances say.
You need to know what state law could override these if it ever goes to court.

In this country, anyone can sue you for any reason at any time, and legal fees are at your expense.
You tried to do the right thing with the neighbor. It is obvious they will fight you whatever you do.
So plan accordingly.

 

[Rmart30]

I'd set it 51' back and build baby build.

Same. Set it back and build it. You tried to be neighborly and they didnt want to play ball.

I have a friend who bought 50 wooded acres out in the country. Not in city limits and nowhere near a HOA.
He started clearing out a driveway entrance cutting down trees etc. the neighbors across the street threatened him with a lawsuit because " he was messing up their view and they didnt want to see a 2 story house roof across the street from them.
He politely told them to pound sand and if they wanted to have kept that view they should have bought the property.

 

[Brett V]

I've always said that if you don't want to see the nekkid old guy then don't look in the nekkid old guy's windows.

I have a story that I won't detail here, but lets just say it will be a LONG time before Renewal by Andersen comes around again.

 

[Texas-Mark]

Living with an HOA means signing away some property rights. Countless millions choose to do so in exchange for the benefits they provide.

I agree. I lived in a HOA for a while because I did want some sort of order to things at the time. Then when I decided I wanted to do other things, I moved. It's fine if some people hate HOAs, but if you don't want or like the rules, don't move where there is one. It's really that simple.

That said, it really depends on what the HOA rules actually say on the issue. If one can do certain things and stay within the rules, then do it. However, keep in mind that depending on the influence of certain members, those rules can be changed (either way).

 

[seneysolar]