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Picking a fight with HOA (NC)

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PS: Shamelessly copying the template from another thread for a different state.

Soliciting opinions and advice from the community.

Basic situation is this -- My HOA outright rejected my application for Tesla solar install stating solar panels cannot be installed in the front area of the house. PS: Front of the house is inside a cul-de-sac, not the main road. Unfortunately, the only roof that does not face any public areas is steep North facing roof with very little sun, so relocating the panels is not an option.
I read the HOAs bylaws and there is nothing specific to solar installation. I also believe NC law 22B-20 prohibits HOAs from doing that, with certain exceptions (which includes public facing areas). But if there is no specific bylaws enacted by the HOA, can they still legally reject my application or will that be illegal under 22B-20?
Anyone in NC experienced with HOA denials and fighting them? Or is it not worth it?

Thanks
 
Is this a house or condo/townhouse? Single or two story roof?
Ask them where is it in their CC&R, bylaws and how can they deny it if that is the only roof surface for solar.
Check into that state law as it may have an exception about this being the only viable roof surface for solar.

ps. your option might be Tesla solarglass roof and even that they may not like? But then ask for their regulation of roofing material.
 
North Carolina is trying to catch up to California.

At this time, the current language allows the HOA to be a pest if the panels face a public area. Your street would be such a public access area. If you have another solar-eligible roof facing away from public spaces, you'd have to use that. It sounds kind of stupid, but you could end up with panels facing Northward since technically you'd still have solar; just a wildly sub-optimal build.

If your HOA was established before 2007, you're kind of stuck for the time being.

if your HOA was established after 2007, you have some language that may help you. You could lawyer up to argue that panels facing the wrong way are not an reasonable use of solar. If you cannot get reasonable access to solar on the roofs other than the one(s) facing public access areas, then this public area restriction would not be enforced.

There's currently a bill in the House (HB 750) to amend the rules further to more match California's which would kind of get rid of the crummy language. Let your reps know they should support this!




Your existing law reads:
Furthermore, deed restrictions, covenants or similar binding agreements that run with the land recorded on or after October 1, 2007,** that would prohibit the installation of solar-energy collectors for residential property on land subject to the deed restriction, covenant or agreement are void and unenforceable. However, this provision does not apply to solar-energy collectors that are visible from the ground and installed:

  • On the facade of a structure that faces areas open to common or public access;
  • On a roof surface that slopes downward toward the same areas open to common or public access that the facade of the structure faces; or
  • Within the area set off by a line running across the facade of the structure extending to the property boundaries on either side of the facade, and those areas of common or public access faced by the structure.
City and county ordinances, deeds, covenants and other binding agreements may regulate the location or screening of a solar-energy collector, provided they do not have the effect of preventing the reasonable use of a solar-energy collector for a detached single-family home. In any civil action related to North Carolina's solar-access laws, the court may award costs and reasonable attorneys' fees to the prevailing party.


Here's the draft language for the new House Bill:
(a) The intent of the General Assembly is to protect the public health, safety, and welfare by encouraging the development and use of solar resources and by prohibiting deed restrictions, covenants, and other similar agreements that could have the ultimate effect of driving the costs of owning and maintaining a residence beyond the financial means of most owners.

(b) Except as provided in subsection (d) of this section, any Any deed restriction, covenant, or similar binding agreement that runs with the land that would prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a residential property on land subject to the deed restriction, covenant, or agreement is void and unenforceable.
 
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Thank you @charlesj and @holeydonut
To answer the questions asked:
Is this a house or condo/townhouse? Single family house
Single or two story roof? 2 story
Ask them where is it in their CC&R, bylaws and how can they deny it if that is the only roof surface for solar. I asked them this today. Let's see what they say
Tesla solarglass roof - I have a relatively new roof about 1.5 - 2 years old. Solarglass won't be economically feasible unfortunately.

@holeydonut Talking about state law, I did go through them. Our HOA is quite old (set up 1992), but the bylaws were updated recently as well. Unfortunately, the only roof that is not public street facing is north-facing and has a steep incline.

"If you cannot get reasonable access to solar on the roofs other than the one(s) facing public access areas, then this public area restriction would not be enforced. You must be able to get reasonable use of solar-energy under current laws." This is what I wanted to confirm - the law is worded quite vaguely. I went through the HOA bylaws & documents, and there is nothing specifically written about regulating solar panels at all. Can they still deny the request in that case with that justification? If not, any suggestions on how to fight them legally and what kind of lawyer I'll need? I've only got experience with attorneys for home closing, never hired any lawyers for civil matters before.
 
Ohhh so you're saying the latest CC&R's for your HOA say nothing about solar?

If you have an older HOA that bans solar in its CC&Rs... you're basically screwed until that House Bill 750 passes.

If you have an older HOA that doesn't currently have any ruling for solar, I don't understand what rule does this HOA think they're trying to enforce. It's not like the State banned solar prior to 2007.
 
Ohhh so you're saying the latest CC&R's for your HOA say nothing about solar? Yes, that is correct based on what I read. To be safe, I did ask them to provide me the exact clauses / bylaws enacted by the HOA along with the dates when it was enacted, on the basis of which the request was denied. Let's see what they come back with. So if they don't have anything already, it means they cannot reasonably deny the request right?
 
You may want to take pictures of that roof surface from the street from different locations to see how visible it might be from the street driving by or walking. If it is barely or not at all, there cannot be a visual appeal issue to begin with.
 
You may want to take pictures of that roof surface from the street from different locations to see how visible it might be from the street driving by or walking. If it is barely or not at all, there cannot be a visual appeal issue to begin with.
Good point. I will do that. It is not visible from the main road, but it will be from the public road going inside our cul-de-sac. So the only people that see it will be those living in our cul-de-sac. The HOA president's exact words were - "we cant allow it on the front of the house for you otherwise it'll set a precedent where others might want it too. And some people might not like it." and the denial reason states: "because solar panels cannot be installed on the front area of the house"
 
Yeah, but what do they say about maintaining your roof?

Only part that applies to roofing:
"(3.2) Approval of Plans and Architectural Committee.
After the initial construction of a Unit has been completed by
Declarants, no construction, reconstruction, remodeling,
alteration, roofing or addition to any structure, building,
fence, wall, drive or walkway, or exterior color change, shall
be commenced or maintained upon any Lot nor shall any exterior
addition to or change or alteration therein be made after
completion of construction of said Unit, unless and until the
plans and specifications showing the nature, kind, shape,
height, color, material and location of the same shall have
been submitted to and approved in writing as to harmony of the
external design and location in relation to surrounding structures
and topography by the Committee. If the Committee fails
to approve or disapprove such design and location within thirty
(30) days after said plans and specifications shall have been
submitted to it, further approval will not be required and this
Article will be deemed to have been fully complied with. Upon
giving approval to such plans and specifications, construction
shall be started and prosecuted to completion promptly and in
strict conformity with such plans as have been previously
approved by the Committee. The Committee or the Board of
Directors of the Association shall be entitled to stop any
construction in violation of these restrictions."