On Tue, 18 Mar 2008 17:06:21 -0700, Jim Thompson
wrote:

On Tue, 18 Mar 2008 16:25:02 -0700, Jeff Liebermann
wrote:

On Tue, 18 Mar 2008 10:54:25 -0700, "Paul Hovnanian P.E."
wrote:

[snip]

However, I have friends that bought into the "planned community"
philosophy and are stuck with CC&R's from hell. Basically, anything
that can be seen from ground level is unacceptable. In the CC&R's
I've read, solar arrays are certainly not allowed, especially on the
roof.
http://www.renewableenergyworld.com/rea/news/ate/story?id=45648
I've found the local cities and county bureaucracy on behalf of
various homeowners. Batting average is about 50%.

[snip]

Check your state laws, solar is allowed, period, here in AZ...
irrespective of HOA regulations.
...Jim Thompson

The State of Schwarzenegger has had a "Solar Right Act" since 1978.
See:
http://www.sandiego.edu/epic/publications/documents/070123_RightsActPaperFINAL.pdf
The Calif Civil Code Section 714 limits the power of HOA's and
governments to restrict solar installations.
http://www.akeena.net/cm/About_Solar_Power/California_Civil_Code_714.html

The problem is that term there seems to be some variations in what
constitutes "reasonable restrictions" which are allowed by the law. If
the purpose of the CC&R's is to maintain some semblance of aesthetic
integrity, the local courts have ruled it "reasonable" for them to
block the installation of just about anything with a visual impact.
The interpretation of "reasonable" varies in different jurisdictions
but locally, it seems almost random.

Incidentally, I've read CC&R's that were apparently written perhaps 50
years ago. They're full of restrictions based on race, color,
ethnicity, and such, which are obviously unenforceable. The buyers
were told that that the old contract is good enough because anything
that's illegal won't be enforced. These contracts tend to also have
very broad clauses blocking "anything with an aesthetic impact" and
such, which is where the solar prohibition originated. One contract
I've read itemized examples of prohibited installations, which
included all forms of antennas and mentioned solar panels.

Locally, one planning department imposed some siting and support
structure restrictions that effectively prevented installing of any
solar panels. That apparently was accidental, but it took a year and
an expensive legal action to get them to admit that they goofed.

One homeowner wanted a variance to install the solar panels very close
to the property line. No CC&R's. The variance was denied because of
neighbors protests. It went to court and he lost. Another tried to
get his radio tower approved on the basis of it providing supports for
his tower mounted solar panels. That also was denied.

--
# Jeff Liebermann 150 Felker St #D Santa Cruz CA 95060
# 831-336-2558
# http://802.11junk.com
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