I received a phone call from the President of our HOA this morning. He stated the HOA’s Architectural Committee has denied our request to place solar panels on our home, due to aesthetic concerns. I expressed my dismay over this, as I had received the HOA’s rules regarding solar panels and we had adhered to them all. He said that those rules were created by the master HOA (there are 4 member HOAs that work closely together) and that these rules were posted, just in case an individual architectural committee approved panels, so the homeowner would know the limits of the approval.
The suggestion was made that we could place them in our back yard, below the fence line. Unfortunately, the lot next door to us, on the West side, has been sold and the house to be built there will be a two-story that would probably reduce the output of the system by a significant amount, especially in the Winter.
I also mentioned I was under the impression that once control of the HOA was transferred, to the homeowners from the developer, that Texas law stated the HOA could not prohibit solar panel installation as long as the state guidelines were followed and that we had done so. Our HOA was transferred to the homeowners two weeks ago, “except for some financial control, where the developer is still involved.” The Texas property code on regulation of solar energy devices:
Sec. 202.010. REGULATION OF SOLAR ENERGY DEVICES. (a) In this section:
(1) “Development period” means a period stated in a declaration during which a declarant reserves:
(A) a right to facilitate the development, construction, and marketing of the subdivision; and
(B) a right to direct the size, shape, and composition of the subdivision.
(2) “Solar energy device” has the meaning assigned by Section 171.107, Tax Code.
(b) Except as otherwise provided by Subsection (d), a property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device.
(c) A provision that violates Subsection (b) is void.
(d) A property owners’ association may include or enforce a provision in a dedicatory instrument that prohibits a solar energy device that:
(1) as adjudicated by a court:
(A) threatens the public health or safety; or
(B) violates a law;
(2) is located on property owned or maintained by the property owners’ association;
(3) is located on property owned in common by the members of the property owners’ association;
(4) is located in an area on the property owner’s property other than:
(A) on the roof of the home or of another structure allowed under a dedicatory instrument; or
(B) in a fenced yard or patio owned and maintained by the property owner;
(5) if mounted on the roof of the home:
(A) extends higher than or beyond the roofline;
(B) is located in an area other than an area designated by the property owners’ association, unless the alternate location increases the estimated annual energy production of the device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than 10 percent above the energy production of the device if located in an area designated by the property owners’ association;
(C) does not conform to the slope of the roof and has a top edge that is not parallel to the roofline; or
(D) has a frame, a support bracket, or visible piping or wiring that is not in a silver, bronze, or black tone commonly available in the marketplace;
(6) if located in a fenced yard or patio, is taller than the fence line;
(7) as installed, voids material warranties; or
(8) was installed without prior approval by the property owners’ association or by a committee created in a dedicatory instrument for such purposes that provides decisions within a reasonable period or within a period specified in the dedicatory instrument.
(e) A property owners’ association or the association’s architectural review committee may not withhold approval for installation of a solar energy device if the provisions of the dedicatory instruments to the extent authorized by Subsection (d) are met or exceeded, unless the association or committee, as applicable, determines in writing that placement of the device as proposed by the property owner constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. For purposes of making a determination under this subsection, the written approval of the proposed placement of the device by all property owners of adjoining property constitutes prima facie evidence that such a condition does not exist.
(f) During the development period, the declarant may prohibit or restrict a property owner from installing a solar energy device.
STATE OF TEXAS COUNTY OF TARRANT
§
§ KNOW ALL PERSONS BY THESE PRESENTS:
§
*ONLY APPROVE AFTER LAST LOT SOLD.* SEE §202.010(f) LAKES OF RIVER TRAILS HOMEOWNERS ASSOCIATION, INC.
GUIDELINES FOR SOLAR ENERGY DEVICES
WHEREAS the “Lakes of River Trails Homeowners Association, Inc.” (the “Association”) is charged with administering and enforcing those certain covenants, conditions and restrictions contained in the recorded Declaration of Covenants, Restrictions and Easements for the various sections of the community (referred to collectively as “Declarations”); and
WHEREAS chapter 202 of the Texas Property Code was amended effective June 17, 2011, to add Section 202.010 (“Section 202.010″) thereto dealing with the regulation of solar energy devices; and
WHEREAS, the Master Board of Directors (“Master Board”) of the Association has determined that in connection with maintaining the aesthetics and architectural harmony of the community, and to provide clear and definitive guidance regarding solar energy devices therein, it is appropriate for the Association to adopt guidelines regarding solar energy devices within the community.
NOW, THEREFORE, the Master Board has duly adopted the following Guidelines for Solar Energy Devices within the community.
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These guidelines apply to solar energy devices (“Devices”) as defined in Section 171.107(a) of the Texas Tax Code. A solar energy device means a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar- generated energy. The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.
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Such Devices may be installed with advance written approval of the appropriate Architectural Control Committee (“ACC”) subject to these guidelines.
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Any such Device must be installed on land or structures owned by the Owner. No portion of the Device may encroach on adjacent properties or common areas.
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Such Devices may only be installed in the following locations:
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on the roof of the main residential dwelling; or
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on the roof of any other approved structure, including, without limitation, patio covers; or
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within a fenced yard or patio.
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For Devices mounted on a roof, the Device must:
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have no portion of the Device higher than the roof section to which it is attached; and
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have no portion of the Device extend beyond the perimeter boundary of the roof section to which it is attached; and
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conform to the slope of the roof; and
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be aligned so that the top edge of the Device is parallel to the roof ridge line for the roof section to which it is attached; and
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have a frame, brackets, and visible piping or wiring that is a color that matches the roof shingles or a silver, bronze or black tone commonly available in the marketplace; and
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be located in a position on the roof which is least visible from any street or common area but does not reduce estimated annual energy production more than ten percent (10%), as determined by a publically available modeling tool provided by the National Renewable Energy Laboratory (www.nrel.gov) or equivalent entity over alternative roof locations.
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For Devices located in a fenced yard or patio, no portion of the Device may extend above the fence. If the fence is not a solid fence which blocks view of the Device, the ACC may require the Device be placed in a location behind a structure or otherwise require visual screening. The ACC may consider installation of Devices on properties without a fenced yard if there is adequate screening from public view from any street or common area.
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All Devices must be installed in compliance with manufacturer’s instruction and in a manner which does not void material warranties. Licensed craftsmen must be used where required by law. Permits, including, without limitation, city permits, must be obtained where required by law.
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Installed Devices may not:
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threaten public health or safety; or
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violate any law; or
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substantially interfere with the use and enjoyment of land by causing unreasonable discomfort or annoyance to any adjoining property owner of ordinary sensibilities.
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All Devices must be maintained in good repair.
The guidelines are effective upon recordation in the Public Records of the county in which the property subject to the Association is located, and supersede any guidelines for solar energy devices which may have previously been in effect. Except as affected by Section 202.010 and/or by these guidelines, all other provisions contained in the Declarations or any other dedicatory instruments of the Association shall remain in full force and effect.
Approved and adopted by the Master Board on this 10TH day of SEPTEMBER , 2013. _______________________________________
JAMES C. DRISKELL JR. , President Lakes of River Trails Homeowners Association, Inc.
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, by the above-mentioned Affiant on this _____ day of __________, 2013, to certify which witness my hand and seal of office.
________________________________________ Notary Public in and for the State of Texas
415904-v1/10424-001000
Notice the “*ONLY APPROVE AFTER LAST LOT SOLD.* SEE §202.010(f) LAKES OF RIVER TRAILS HOMEOWNERS ASSOCIATION, INC.” near the top? The very last part of the state law states, “During the development period, the declarant may prohibit or restrict a property owner from installing a solar energy device.” Obviously, this was added to address the concerns of residential land developers. If the developer feels potential buyers would be put off by the appearance of solar panels, they can keep them out. Temporarily. However, once the development period is over, homeowners can put up panels, as long as the restrictions within the law are met. Doesn’t this seem a bit dishonest? If I were against solar panels and bought a house in a neighborhood that had none, I might assume they were not allowed, only to wake up one day to find all my neighbors had put up panels!
I explained to the HOA President, that if our neighborhood was still considered to be “under development,” I would put up solar panels, once the development period was over and the statute came into effect. My question is: Why create animosity between homeowners and the HOA by trying to prevent the inevitable? Am I a bit upset this morning? You bet. Will the members of the Architectural Committee be upset if the law forces them to accept our array? Probably.
As the regular readers of my blog know, the financial benefit of the solar panel system is not my primary motivation. In fact, I have wondered if the financial benefit will dry up later. We want to do this to move our nation toward energy independence, for national security, and for environmental reasons. What continues to astound me is that people resist renewable energy near them which ends up supporting energy generation that damages the environment and consequently, impairs the health of everyone. The law also states the solar energy device may not, “substantially interfere with the use and enjoyment of land by causing unreasonable discomfort or annoyance to any adjoining property owner of ordinary sensibilities.”
By the way, there are two producing natural gas wells adjacent to our neighborhood, to the West. The land developer retained the mineral rights to the land our neighborhood is on.
**UPDATE** A friend of mine sent a photo to me of a home with solar panels in a neighborhood that was developed by the same developer and is just 1.6 miles from our development. Our development is named “Lakes of River Trails West.” The neighborhood where this house is located is “Lakes of River Trails East.” There are still lots in that neighborhood that have not been sold/built upon, so I have to guess this was due to that neighborhood’s HOA deciding to allow solar panel installations and the developer going along with the decision or handing the HOA over to the home owners. The irony is that this installation was performed by the same company we want to use, SolarCity. I have emailed the photo to the President of our HOA, asking him to have everyone involved with the decision to not allow solar panels on our home to at least go take a look at the installation to see that it is not an eyesore.
I was also contacted by a SolarCity representative, asking how the approval process was proceeding. I was surprised by this because I have informed them on at least three occasions that the application to our HOA was rejected. He asked if it would be okay for him to speak with SolarCity’s legal department about this and to have that department reach out to our HOA. Of course, I said that would be fine with me.
Take down the man!
I LOVE YOU, JESS! I’d like it to be friendlier with the HOA than that, but…
Nope…Take down the man. 🙂 To think that they are ‘concerned over aesthetic appeal’ over having solar power just infuriates me. Wahhhh, this house looks different, wahhh. Babies. Get with the times, and get on the environment’s side.
You’re singing to the choir, my friend. We’re trying to get along with our new neighbors, so we’re waiting to see if they’ll be reasonable about not making us wait until all construction in the neighborhood is completed. We just downsized from a home that was about 60% more expensive than the one we have now, so we understand keeping up neighborhood appearances, but studies show that adding panels raises the home’s value around $15K and the state of Texas does not increase your property taxes to the higher valuation. You’d think everyone would want to do this, especially with the financing SolarCity has available. I’m at a loss to understand…
You might check with local or state environmental groups. In some states they have taken on municipalities and HOAs and helped write model ordinances. In PA we actually had a law school prof offer to take our case on as a project for his class.
Thanks Phil. I will check into that!
Does this ruling only apply to LORT West or to all of LORT?
I believe it only applies to LORT West. I’ve seen solar panel vent fans and solar water heaters on the roofs of homes in LORT North.
Rob, it apparently only applies to LORT West, since I just received a photo, shot in LORT East, that shows a home with a beautiful solar array on its roof.
Actually, PV panels are icdnelibry cheap right now.The only reason they appear expensive is when compared agaist fossil fuels, like oil, which are already becoming MUCH more expensive, and which will continue to do so for many, many year.Buy PV now, or kick yourself for not doing so later.