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Update:
I now have an HOA board appeal hearing on 12/7. Had to cancel two installation dates now to accommodate the appeal process. I have submitted photos from every relevant vantage point (street, driveway, neighboring homes, backyard) to address aesthetic concerns as well as a signed petition from my neighbors agreeing to the installation plans as currently designed without the 1-foot setback. You could not see the solar panels from any angle even if you tried.
Also submitted CA state fire safety guidelines for solar installers that allow for solar panels extending to the roof edge. Also submitted a copy of the city issued permit approving the current plans.
I am hoping for a smooth appeal, but if the plans are still rejected by the HOA despite all the evidence above, not sure what I would do then.
Update:
I now have an HOA board appeal hearing on 12/7. Had to cancel two installation dates now to accommodate the appeal process. I have submitted photos from every relevant vantage point (street, driveway, neighboring homes, backyard) to address aesthetic concerns as well as a signed petition from my neighbors agreeing to the installation plans as currently designed without the 1-foot setback. You could not see the solar panels from any angle even if you tried.
Also submitted CA state fire safety guidelines for solar installers that allow for solar panels extending to the roof edge. Also submitted a copy of the city issued permit approving the current plans.
I am hoping for a smooth appeal, but if the plans are still rejected by the HOA despite all the evidence above, not sure what I would do then.
If the HOA weren't an issue, how many panels would you get (assuming they're facing in an optimal direction).
And with the HOA being a menace, how many panels have you been reduced to (assuming same facing direction)?
Having a friend on a HOA board, he has given me great insight to how they work, let alone my first hand experiences. He has told me they do not really worry about members complaining since 99% of them will never take legal action. Therefore, even if they go to court and lose, no bid deal. I know when I hired an attorney, the board decided to settle and not go to court since I would have won, and won big.
Thanks for the insight. What are you recommending in particular? The HOA cannot legally stop me at this point but I want to avoid HOA fines and acrimony. If it came to that and I just refused to pay the fines, then what? Get lawyers involved (and at what cost)?
Current plan is for an additional 15 panels.
Accommodating the HOA design requirement may reduce that to 8 panels, based on my amateur eyeballing of the design scheme. Every last square inch of available roof space is being used so the 1-foot setback would really eat into that space.
Yeah, the HOA forcing 15 becoming 8 is such a drastic reduction and should be disallowed under your solar rights.
The main restriction you have to make sure about is whether having panels going all the way down to the eaves is ok based on your fire AHJ. Hopefully you can figure out which fire zone you're in and see if they have guidelines like this:
https://www.cityofamericancanyon.org/home/showdocument?id=17642
If the 15 panel design conforms with the fire code, then I think you need to tell your HOA that your rights to install this 15 panel setup are protected by the things we listed above. I don't think you need to necessarily lawyer up at this time.
OP could you post an image of the original roof panel layout and indicate changes that were asked?
I would still not install anything until I had approval, however that happened.
What if the appeal were denied and HOA approval was never granted? If they cannot legally stop me under CA state law, how should I proceed then? Downsize the number of panels to accommodate HOA rules and lose the 2020 installation date as well, due to plan resubmission delays? Or say F it and install as is, with the law on my side?
Hoping this won't happen but it's certainly a possible scenario =(
Try these before paying lawyer fees.
CALSSA
Solar Rights — CA Solar & Storage Association
California’s Office of Planning and research also had a charter to enable the state target of 50% renewables without a ton of unnecessary costs and red tape. Since this is a state mandate you could contact the CA attorney general’s office to assist. You’re doing your part to achieve state goals, and your HOA is blocking you.
Consumer Complaint Against A Business/Company