Solar Panels and HOAs – One Homeowner’s Experience

Presented To: Solar Washington General MeetingBy: Don StimsonDate: March 4, 2015

Solar Project Design

6.5 kW System 27 Itek Energy IT240 Panels

15 On Rear Roof (not visible from street) 12 On Side Roof (partially visible from street)

27 EnPhase Energy M215 Microinverters

Design and installation by: Sunergy Systems

HOA Rules

Proposed alterations must be submitted for approval to Architectural Control Committee

Committee determines if the proposed alteration “harmonizes with the (1) surrounding structures, (2) surrounding natural and built environment, and (3) aesthetic character of the other homes in the Plat

Committee has 30 days to respond (or alteration is automatically approved)

WA State Law – Solar Panels and HOAs

Pertinent Sections HOA may not prohibit installation as long as the solar

panel meets applicable health, safety, and performance standards

HOA may: Prohibit the visibility of any part of a roof-mounted panel

above the roof line Permit attachment of a panel to the slope of a roof facing

the street only if: The panel conforms to the slope of the roof; and The top edge of the panel is parallel to the roof ridge

WA State Law – Solar Panels and HOAs (cont)

HOA may require: Panel frames, support brackets, or any visible

piping or wiring to be painted to coordinate with the roofing material

Indemnification or reimbursement to HOA or members for loss or damage caused by installation, maintenance, or use of solar panels

The HOA may also apply other reasonable rules regarding the placement and manner of solar panels

Our Interaction With HOA

Applied for approval of our solar panel project on April 22, 2012

No feedback or questions from HOA Approval was denied on the 30th day Reasons for denial consisted of:

Several questions indicating a lack of knowledge about solar electric systems, and

The HOA’s interpretation of the state law

Issues With Wording of State Law (RCW 64.38.055)

HOA may: Prohibit the visibility of any part of a roof-mounted panel above

the roof line Technically, the roof line is the roof surface. Any roof-mounted

panel will be above the roof line. Law should reference roof ridge or peak line.

Permit attachment of a panel to the slope of a roof facing the street only if:

The panel conforms to the slope of the roof; and The top edge of the panel is parallel to the roof ridge

Stated as a permissive action (“HOA may”) rather than being mandatory (“HOA must allow a panel on a roof facing the street if”)

Issues With Wording of State Law (cont)

The HOA may also apply other reasonable rules regarding the placement and manner of solar panels

Open ended clause potentially enabling an HOA to apply any rules they want to. Who defines what is reasonable?

Our HOA considers solar panels to be ugly eyesores. They use this clause to prohibit visibility from the street.

No Restrictions On HOA Rules Concerning Aesthetics

Further Interactions With HOA

After several fruitless letters back and forth, we had to sue our HOA to:1. Try to get our panels installed

2. Get an interpretation of the state law Motioned for summary judgment Motion was denied on the basis that the judge felt

a full trial was needed to determine if the HOA restrictions were “reasonable”

A settlement was reached with the HOA prior to full trial

Settlement

Limited section of side roof on which panels could be installed. (Fortunately, Sunergy was able to fit 3 more panels on rear roof and situate panels on the side roof such that we retained the full complement of 27 panels.)

Required additional fir tree to be planted to further block visibility of the panels from the street

A few other provisions to reduce visual impact

Result

Installation performed 11/19-22/2013 (19 months after initial application to HOA)

Some positive changes (for us) from the delay: Price reduction Increase in per panel power output

255 Watts STC instead of 240 Watts STC 6.9 kW STC system output instead of 6.5kW

Our System – Rear Roof

Our System – Side Roof

System Performance

Expected Power Output Actual Power Produced

6998 kWh 8460 kWh

First full year performanceJanuary 1 to December 31, 2014

Offset of Estimated Annual Electrical Usage:Original design – 57%Final realized design – 60%First year actual power production – 72%

Conclusions

WA state law on HOAs and solar panels needs revision – currently any HOA can prevent a homeowner from installing solar. Our own HOA maintains rules that effectively prohibit about 75% of our development from installing solar.

Lawsuits are very expensive, time consuming, and stressful

Support from Sunergy Systems throughout this ordeal was incredible