|
|
|
|
|
Government Support Solar Bill of Rights Laws in California prohibit local governments such as homeowners associations from opposing or banning solar panels on homes. These laws are generally referred to as the Solar Bill of Rights. The Solar Bill of Rights The Solar Bill of Rights (SBR) provides three main defenses against entities opposing a homeowner’s ability to go solar:
This means that if a Homeowner’s Association prohibits all solar panels, they are probably in violation of the law. They can insist that certain measures be taken, such as a different type of installation that is less visible to the street, but only if those changes do not increase the cost by $2,000 or decrease the effectiveness by 20%. The Solar Bill of Rights (SBR) provides three main defenses against entities opposing a homeowner’s ability to go solar
Even though the SBR is written into law, remember that you’re dealing with your neighbors in these interactions. Oftentimes, a harmonious compromise can be worked out without resorting to legal actions. Make sure that you try to resolve conflicts with the other parties outside of court before you resort to legal action. Example Scenarios Q: My HOA is insisting that I install a lattice around the flat part of my roof so that my solar panels are not visible from the street. It would cost $1,500 to erect the lattice. Can they do this? A: If this request is founded in the HOA agreement that you signed, then they probably have the grounds to enforce this restriction. This is only because the lattice costs $1,500. According to the Solar Bill of Rights, if it would cost you $2,000 or more, the HOA’s demand would probably not stand up in a court of law. This is also assuming that the lattice doesn’t cast a shadow on the solar panels – if it would decrease the panels’ output by 20% or more, then the restriction would be in violation of the Solar Bill of Rights. Q: My town prohibits all solar panels, period. What can I do about this? A: This probably violates the SBR. A stakeholder such as a homeowner, community group, HOA, solar dealer, or nonprofit advocate would have grounds to file a petition against the city, either in local or state court. You may find, however, that presenting with the town council with the SBR is a quicker way to achieve your goals than to get involved in legal action – they may choose to change the regulations once they’re informed of the issues. We suggest that you contact a lawyer before pursuing any legal action. Q: I’d like to have solar panels on my entire shed, but my neighbor’s windows face my shed and she is complaining to the HOA. The HOA is asking that I only put up half as much solar paneling. Do I have to comply? A: If you put up half as many solar panels, then the installation would only produce half as much power. This is beyond the 20% legal limit at which an HOA’s policies can affect solar system performance. So, in all likelihood, you would win a legal battle over your right to install the full system. Rather than take it to court, however, you may be able to find a compromise – maybe you can work with your neighbor to plant some trees between your properties. (Just make sure they don’t cast shadows on your solar panels!) The Specifics The Solar Bill of Rights includes:
Disclaimer: Source: http://www.sandiego.edu/epic/publications/documents/070123_RightsActPaperFINAL.pdf |
