Tuesday, March 24, 2009

Home Owner's Associations vs. Green Utilities



When Mark Weinberg of Camarillo, California decided to install 600 square feet of solar panels on his roof so save over $330 a month in electric bills, he not only was excited about his potential savings, but felt as though he was doing a great deed by investing in renewable energy. Upon receiving response from his home owner's association regarding a permit, he was shocked by their response. The HOA for his development demanded that the panels be placed on the rear roof where they would remain out of sight. In this case, out of sight means out of direct sunlight due to his roof slope position.

One of the most frustrating hurdles with installing eco-friendly utilities on one's home is the requirements set by the home owner's association.All too often are peoples' green aspirations being trampled by their HOA's regulations for aesthetics. Most HOA's state that adding renewable energy utilities to a property causes the structure to appear ugly, a subtraction in property value, or a defiance historic regulations. Even Al Gore himself, one of the leaders in the environmental revolution, had a difficult time gaining approval for the installation of green utilities on his home. The local zoning board initially declined his request, he then sent in an appeal, then finally after several redesigns a permit was obtained.

In similar cases, home owner's associations attempt to divert getting tied up with residents by simply ignoring their requests for solar panel permits. By ignoring the residents, they hope to discourage them from making progress towards obtaining a permit. In several occurrences, when a home owner received no response from their HOA, they simply decided to proceed with the construction of the green utility. Only then did their HOA notify the resident of the violation by demanding that they remove whatever they installed. This sleazy behavior expressed by many HOA's has resulted in several lawsuits initiated by frustrated homeowners.

The strict, unrealistic demands expressed by home owner's associations has also lead to losses in the renewable energy industry. Contractors that specialize in retrofitting houses with green utilities have mountains of paperwork and legal obstacles to overcome before they even begin a project. Many companies have stated that if the burdens of HOA's were lifted, they would be fitting double or triple the amount of homes with green utilities than they do currently.

In response to the headache that has been created by such associations, states and towns are taking the initiative to pass laws that forbid HOA's from denying home owner's the rights to solar panels and other systems. Colorado passed a law back in 1979 that allows anyone the privilege of installing solar panels without a home owner's association interfering. It also states that once a property has panels in use, a new neighboring structure that is built cannot block sunlight to the panels. Laws such as this are completely necessary to ensure that everyone will have the right to make their lives a little bit greener. In a few unfortunate situations, a specific home owner's associations will find certain loop-holes in which they can still keep their controlling grip on green utilities by demanding that they be a certain color, shielded by trees, or extreme limits of location. In some cases, they demand the color of the panels be white. This renders the panels almost completely useless since the color white reflects light.

In the neighborhood in which I reside in my hometown of Carlisle, Pennsylvania, there is no HOA that governs my street. Residents willingly do as they please in regards to renewable energy. It is beyond irrational in my opinion to be so displeased with a set of solar panels on your neighbor's roof that you would take time to complain to the HOA. We have much larger issues to worry about that aesthetics when it comes to global warming, diminishing fossil fuels, and air pollution. Laws need to be passed immediately on the state, and possibly on the national level to lift these restrictions so that each property owning individual can help out with the green revolution. Advertisements are absolutely everywhere that promote sustainability and energy efficient techniques, but how the hell are we supposed to comply with them if we can't even gain approval to practice them?

No comments: