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Re: [hreg] FW: HOA's and My solar rights

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  • lavernewilliams
    Three things you can do. 1. Ask your HOA for a Variance. Find out their procedure for asking for a variance and follow it to the letter. Adopt a
    Message 1 of 9 , Apr 24, 2004
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      Three things you can do.
      1. Ask your HOA for a Variance. Find out their procedure for asking for
      a variance and follow it to the letter. Adopt a cooperating attitude rather
      than a adversarial attitude because with an adversarial attitude you are
      sure to lose. Have a sketch ready to show them that it will look good and
      with details to show that the panels will be integrated into the roof
      structure, rather than looking like they are "added-on". Be prepared to get
      rejected.
      2. Mount them on your North facing roof but angled for maximum solar
      exposure to the South. This will require special made brackets or a
      structure of some sort for support.
      3. Get on your HOA Board and work to educate, enlighten, and get these
      and other unenlightened rules changed for the good of all.

      Hopefully someone else will respond with good news for you concerning
      possible overriding state or federal laws, but this may require a potential
      lawsuit on your part against your HOA to allow the use of street facing
      solar devices, which could generate a lot more ill will against you than you
      may want.

      LaVerne A. Williams, AIA
      architect & building ecologist
      laverne@...
      ENVIRONMENT ASSOCIATES, Architects & Consultants
      5828 Langfield Road
      Houston, TX 77092-1429
      713.528.0000
      866.815.2527 toll free
      www.environmentassoc.com
      Leadership in Green Architecture since 1975

      ----- Original Message -----
      From: "Mike Ewert" <mewert@...>
      To: "HREG" <hreg@yahoogroups.com>
      Sent: Saturday, April 24, 2004 8:16 AM
      Subject: [hreg] FW: HOA's and My solar rights


      > Can anyone answer these questions for this person?
      >
      > -----Original Message-----
      > From: James Philippi
      > Sent: Wednesday, March 24, 2004 1:44 PM
      > To: hreg@...
      > Subject: HOA's and My solar rights
      >
      >
      > The front of my home faces south. What can I do if the HOA says no solar
      > panels can be placed on my roof facing the street? Do HOA's have supreme
      > power over my right to use solar energy? Are there any Federal laws that
      > protect my rights over the HOA's wishes? Are there any Texas laws that
      > protect my right to put solar panels on my roof even if it has to face the
      > street? Please help! I can't find any court rulings, or laws that
      protect
      > my solar rights here in Houston. Hey, don't get me wrong, I don't want a
      > crummy looking setup on my property. I want it to look nice and work to
      it'
      > s best potential. So, am I living in a free society, or am I just a slave
      > to the HOA?
      >
      >
      >
      >
      >
      > Yahoo! Groups Links
      >
      >
      >
      >
    • Steven Shepard
      I think you will find that when you purchased your home and signed off on the neighborhood covenants you waived most of your property rights to your
      Message 2 of 9 , Apr 24, 2004
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        I think you will find that when you purchased your home and signed off on
        the neighborhood covenants you waived most of your property rights to your
        neighborhood association. Logistically, it is one against many and
        typically an association can muster more legal power. To put it in a
        nutshell, your screwed.

        Look for changes to our web site January 2004.
        Our new address is:
        SBT Designs
        25581 IH-10 West
        San Antonio, Texas 78257
        210-698-7109
        FAX: 210-698-7147
        www.sbtdesigns.com

        ----- Original Message -----
        From: "Mike Ewert" <mewert@...>
        To: "HREG" <hreg@yahoogroups.com>
        Sent: Saturday, April 24, 2004 8:16 AM
        Subject: [hreg] FW: HOA's and My solar rights


        > Can anyone answer these questions for this person?
        >
        > -----Original Message-----
        > From: James Philippi
        > Sent: Wednesday, March 24, 2004 1:44 PM
        > To: hreg@...
        > Subject: HOA's and My solar rights
        >
        >
        > The front of my home faces south. What can I do if the HOA says no solar
        > panels can be placed on my roof facing the street? Do HOA's have supreme
        > power over my right to use solar energy? Are there any Federal laws that
        > protect my rights over the HOA's wishes? Are there any Texas laws that
        > protect my right to put solar panels on my roof even if it has to face the
        > street? Please help! I can't find any court rulings, or laws that
        protect
        > my solar rights here in Houston. Hey, don't get me wrong, I don't want a
        > crummy looking setup on my property. I want it to look nice and work to
        it'
        > s best potential. So, am I living in a free society, or am I just a slave
        > to the HOA?
        >
        >
        >
        >
        >
        > Yahoo! Groups Links
        >
        >
        >
        >
        >
      • Dan S
        I was also going to mention the Solar Shingles that Claudia mentioned. I saw them being installed on a house on a TLC program. when they were all installed
        Message 3 of 9 , Apr 24, 2004
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          I was also going to mention the Solar Shingles that Claudia mentioned. I
          saw them being installed on a house on a TLC program. when they were all
          installed the roof looked as if it was a regular shingle roof. I'm not sure
          what the efficienty is for them or thier cost, but surely the dreaded HOA's
          couldn't complain about them.

          Dan S.

          -----Original Message-----
          From: Steven Shepard [mailto:sbtdesigns@...]
          Sent: Saturday, April 24, 2004 8:08 PM
          To: hreg@yahoogroups.com
          Subject: Re: [hreg] FW: HOA's and My solar rights


          I think you will find that when you purchased your home and signed off on
          the neighborhood covenants you waived most of your property rights to your
          neighborhood association. Logistically, it is one against many and
          typically an association can muster more legal power. To put it in a
          nutshell, your screwed.

          Look for changes to our web site January 2004.
          Our new address is:
          SBT Designs
          25581 IH-10 West
          San Antonio, Texas 78257
          210-698-7109
          FAX: 210-698-7147
          www.sbtdesigns.com

          ----- Original Message -----
          From: "Mike Ewert" <mewert@...>
          To: "HREG" <hreg@yahoogroups.com>
          Sent: Saturday, April 24, 2004 8:16 AM
          Subject: [hreg] FW: HOA's and My solar rights


          > Can anyone answer these questions for this person?
          >
          > -----Original Message-----
          > From: James Philippi
          > Sent: Wednesday, March 24, 2004 1:44 PM
          > To: hreg@...
          > Subject: HOA's and My solar rights
          >
          >
          > The front of my home faces south. What can I do if the HOA says no solar
          > panels can be placed on my roof facing the street? Do HOA's have supreme
          > power over my right to use solar energy? Are there any Federal laws that
          > protect my rights over the HOA's wishes? Are there any Texas laws that
          > protect my right to put solar panels on my roof even if it has to face the
          > street? Please help! I can't find any court rulings, or laws that
          protect
          > my solar rights here in Houston. Hey, don't get me wrong, I don't want a
          > crummy looking setup on my property. I want it to look nice and work to
          it'
          > s best potential. So, am I living in a free society, or am I just a slave
          > to the HOA?
          >
          >
          >
          >
          >
          > Yahoo! Groups Links
          >
          >
          >
          >
          >




          Yahoo! Groups Links
        • Steven Shepard
          The UniSolar product was only 17-22 Watts per unit. All these products have the limitation that they must be installed on a south facing roof. Not all roof
          Message 4 of 9 , Apr 25, 2004
          • 0 Attachment
            The UniSolar product was only 17-22 Watts per unit. All these products have
            the limitation that they must be installed on a south facing roof. Not all
            roof lines face south.

            Look for changes to our web site January 2004.
            Our new address is:
            SBT Designs
            25581 IH-10 West
            San Antonio, Texas 78257
            210-698-7109
            FAX: 210-698-7147
            www.sbtdesigns.com
            ----- Original Message -----
            From: "Dan S" <Dans1@...>
            To: <hreg@yahoogroups.com>
            Sent: Sunday, April 25, 2004 12:32 AM
            Subject: RE: [hreg] FW: HOA's and My solar rights


            > I was also going to mention the Solar Shingles that Claudia mentioned. I
            > saw them being installed on a house on a TLC program. when they were all
            > installed the roof looked as if it was a regular shingle roof. I'm not
            sure
            > what the efficienty is for them or thier cost, but surely the dreaded
            HOA's
            > couldn't complain about them.
            >
            > Dan S.
            >
            > -----Original Message-----
            > From: Steven Shepard [mailto:sbtdesigns@...]
            > Sent: Saturday, April 24, 2004 8:08 PM
            > To: hreg@yahoogroups.com
            > Subject: Re: [hreg] FW: HOA's and My solar rights
            >
            >
            > I think you will find that when you purchased your home and signed off on
            > the neighborhood covenants you waived most of your property rights to
            your
            > neighborhood association. Logistically, it is one against many and
            > typically an association can muster more legal power. To put it in a
            > nutshell, your screwed.
            >
            > Look for changes to our web site January 2004.
            > Our new address is:
            > SBT Designs
            > 25581 IH-10 West
            > San Antonio, Texas 78257
            > 210-698-7109
            > FAX: 210-698-7147
            > www.sbtdesigns.com
            >
            > ----- Original Message -----
            > From: "Mike Ewert" <mewert@...>
            > To: "HREG" <hreg@yahoogroups.com>
            > Sent: Saturday, April 24, 2004 8:16 AM
            > Subject: [hreg] FW: HOA's and My solar rights
            >
            >
            > > Can anyone answer these questions for this person?
            > >
            > > -----Original Message-----
            > > From: James Philippi
            > > Sent: Wednesday, March 24, 2004 1:44 PM
            > > To: hreg@...
            > > Subject: HOA's and My solar rights
            > >
            > >
            > > The front of my home faces south. What can I do if the HOA says no
            solar
            > > panels can be placed on my roof facing the street? Do HOA's have
            supreme
            > > power over my right to use solar energy? Are there any Federal laws
            that
            > > protect my rights over the HOA's wishes? Are there any Texas laws that
            > > protect my right to put solar panels on my roof even if it has to face
            the
            > > street? Please help! I can't find any court rulings, or laws that
            > protect
            > > my solar rights here in Houston. Hey, don't get me wrong, I don't want
            a
            > > crummy looking setup on my property. I want it to look nice and work to
            > it'
            > > s best potential. So, am I living in a free society, or am I just a
            slave
            > > to the HOA?
            > >
            > >
            > >
            > >
            > >
            > > Yahoo! Groups Links
            > >
            > >
            > >
            > >
            > >
            >
            >
            >
            >
            > Yahoo! Groups Links
            >
            >
            >
            >
            >
            >
            >
            >
            > Yahoo! Groups Links
            >
            >
            >
            >
            >
          • C.C. Foster
            Several responses have been given already but this is an application that we had with similar restrictions. Sketch the panels at an optimum angle with the top
            Message 5 of 9 , Apr 26, 2004
            • 0 Attachment
              Several responses have been given already but this is an application that we
              had with similar restrictions.

              Sketch the panels at an optimum angle with the top just below the south
              facing fence (to scale)

              Sketch the roof line looking east or west.

              Draw a line from the top of the roof line to the bottom of the solar panel
              array.

              Draw a line from the top of the roof to the sun at its lowest angle at noon
              during the equinox. (You may need to consult a professional engineer to get
              this information.)

              This will show the "shading" on the solar panels and give you an idea of the
              time when the panels will be effective.

              We found in the Phoenix area that two panels could be placed vertically and
              6 panels horizontally would give solar impact from equinox to equinox. This
              arrangement is about the optimum with prohibitions on roof mounted systems.
              The fence mounting system also provides an easy way to change the tilt angle
              for the highest insolation impact.

              By the way I consider roof mounted systems that are not built into the roof
              and coordinated with the room color and compostition to be unsightly. Most
              home owners associations will consider variances if the proposed
              installations are attractive, safe and promote property values. You may, as
              someone else suggested, prepare a sketch with details showing how your solar
              panels will be installed to give the HOA some good details of your proposed
              installation.

              By the way you did not say how you approached your HOA. Did you provide a
              detailed proposal or a open ended question? Your HOA may be the easy
              hurdle. The utility company requires a complete design documentation and
              professional installation.

              We will be happy to work with you to complete your installation but it does
              require work.

              <html><div><FONT face="Lucida Handwriting, Cursive">Claude
              Foster</FONT></div></html>




              >From: "Mike Ewert" <mewert@...>
              >Reply-To: hreg@yahoogroups.com
              >To: "HREG" <hreg@yahoogroups.com>
              >Subject: [hreg] FW: HOA's and My solar rights
              >Date: Sat, 24 Apr 2004 08:16:57 -0500
              >
              >Can anyone answer these questions for this person?
              >
              >-----Original Message-----
              >From: James Philippi
              >Sent: Wednesday, March 24, 2004 1:44 PM
              >To: hreg@...
              >Subject: HOA's and My solar rights
              >
              >
              >The front of my home faces south. What can I do if the HOA says no
              solar
              >panels can be placed on my roof facing the street? Do HOA's have
              supreme
              >power over my right to use solar energy? Are there any Federal laws
              that
              >protect my rights over the HOA�s wishes? Are there any Texas laws that
              >protect my right to put solar panels on my roof even if it has to face
              the
              >street? Please help! I can�t find any court rulings, or laws that
              protect
              >my solar rights here in Houston. Hey, don�t get me wrong, I don�t want
              a
              >crummy looking setup on my property. I want it to look nice and work to
              it�
              >s best potential. So, am I living in a free society, or am I just a
              slave
              >to the HOA?
              >

              _________________________________________________________________
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