Installing solar panels is a great option to reduce the cost of electricity and also contribute to a sustainable community. However, many homeowners have had difficulty installing solar panels around their properties because homeowner associations (HOAs) regulate the living area or neighborhood. In the end, many homeowners have been denied getting solar benefits.
The positive side is that homeowners associations are losing authority in deciding the homeowner’s ability to set up a solar array on their property. HOAs are no longer an obstacle for homeowners who own residential properties and reside in North Carolina, helping with rooftop solar development and every benefit that goes with it.
WHAT WAS THE NC SUPREME COURT RULING?
In the early 2022 timeframe, in early 2022, in early 2022 Southern Environmental Law Center (SELC) submitted a brief to the NC Supreme Court on behalf of the North Carolina Sustainable Energy Association (NCSEA). This brief supports Raleigh homeowners who had installed solar rooftops in their homes, even though their HOA was against the installation. Homeowners who resisted their HOA were subject to fines of up to $50,000 and other legal consequences following the installation of rooftop solar panels.
The NC supreme court was able to hear the case and reached an agreement. The court decided that homeowners can install solar panels on their property, regardless of whether their HOA opposes it. The state law now allows homeowners to go solar regardless of where they reside. However, this court’s appeal decision favored HOAs on which entity has the power to determine where solar installations are set up.
HOAs can still exercise the right to determine where solar panels are placed on the homeowner’s property, which means the HOA can force homeowners to install a solar array that isn’t visible from the street. However, HOAs cannot relocate panels to an area that hinders their legitimate use.
WHAT DOES THIS MEAN FOR HOMEOWNERS IN AN HOA?
Nearly 26 percent of the homeowners living in North Carolina live in an HOA. Millions of homeowners reside in communities that once had total control over whether they could install solar panels on their property. Because of the ruling, homeowners do not have to contend with a massive obstacle in choosing solar. The doors have opened for several potential customers who can now proceed with their plans.
Homeowners are now able to speak with their HOA concerning potential solar installations. If you’re considering going solar but are concerned about your HOA, Follow these steps to get your solar project off the start:
Ask about: One of the first actions you can take is to speak to your neighbors and learn who is sitting on the HOA board of your neighborhood. Once you’ve found out who’s sitting on the committee, you’ll better understand their position regarding solar power, which will allow you to know whether you’ll encounter any resistance if you choose to put solar panels on your property.
Petition your HOA. In certain instances, you might find that your HOA doesn’t favor solar. However, you can change their minds, particularly when you talk about the benefits of solar to property worth and the resilience of your home during storms and outages. You can also request your fellow community members to join a petition to aid the HOA in altering any restrictive covenants it may have.
Check out your rights: If you’ve petitioned your HOA and are stuck, You can research the law to determine available options. Because of the Supreme Court ruling, the law is in your favor, and you’ll be able to install solar panels onto your land with the tiniest of obstacles. However,, the HOA may still restrict the areas where you can put solar panels in your house.
Contact us for assistance: While this may be the last option, contact an expert solar installer like 8MSolar will help you understand the best way to proceed. Solar installers are knowledgeable and up-to-date with the law, such as the latest NC Supreme Court ruling, and will help you figure out the best way to reap the benefits of installing solar power within your home and circumvent HOA limitations under current laws.
Thanks to this Supreme Court ruling, homeowners can now install solar panels on their properties without resentment to their HOA. If you’re a resident of an HOA, then you’re now able to benefit from the numerous benefits of solar power, such as lower cost of electricity, a contribution to the environment, an increase in the value of your home, and an increase in the value of your investment with tax credits as well as other solar incentives.
HOW IMPROVEMENTS CAN BE MADE MOVING FORWARD
Although the NC Supreme Court ruling is indeed an essential step toward the proper direction, a few homeowners believe that more needs to be done to strengthen homeowners’ rights in HOA communities, particularly about The Solar Access Law. Many homeowners would like to restrict the ability of an HOA to decide where its solar panels should be placed, especially for solar panels that face the street. Homeowners would want to limit the possibility that HOAs can move solar systems to areas that could result in a a 10-percent or higher decrease in output, which could be the case for most homeowners if they cannot keep solar panels that face the street.
House Bill 842 was a measure to safeguard homeowners’ rights and was passed by the House but was defeated in the Senate. There’s still a chance that the bill can be brought back or renewed in 2023, and it is a significant way to limit the powers of HOAs about solar installations.