Could Homeowners Associations Stifle The Implementation Of California’s Green Initiatives?

In recent years, California has passed several green initiatives, such as incentives for businesses and homeowners to install solar panels and motorists to choose hybrid vehicles or electric vehicles. Unfortunately for residents living in communities governed by homeowners associations (HOAs), taking advantage of such incentives may prove challenging. While laws have been passed to prevent homeowners associations from restricting modifications that would support California’s green initiatives, HOAs still have authority over how such changes are implemented and could potentially make the process too difficult for residents. Moreover, residents could be subjected to injurious consequences, such as legal actions, if they do not personally comply with their contractual obligations, explains an attorney.

California homeowners associations exist within certain planned neighborhoods and communities. Similar to condo boards, the purpose of an HOA is ostensibly to ensure that people live together peacefully within a community. Protecting property values by ensuring that homes have a similar aesthetic and quality, and ensuring that grounds are properly maintained, is also a goal of most HOAs.

HOAs are generally comprised of individuals who are elected to the board and who oversee the enforcement of rules and regulations. Typically structured as not-for-profit organizations, HOAs may collect fees from those in the neighborhood to maintain common areas and use for other approved purposes. There will typically be a published sets of rights and responsibilities and restrictions, often referred to as a CC&R (covenants, conditions and restrictions), that new homeowners must sign as a condition of buying or building a home in the HOA neighborhood.

Unfortunately, while homeowners associations are generally designed to protect people living in neighborhoods, the reality is sometimes quite different. In many situations, the Association and residents within the community disagree on various aspects of rules and regulations. For instance, homeowners might wish to make a change to their home's exterior that the association does not approve, or the association may wish to change its governance rules or fee structure to the chagrin of the homeowner.

HOAs tend to be quite strict in their regulation of aesthetic modifications, including the installation of solar panels. The Los Angeles Times has reported on multiple incidents in which HOAs have denied residents permission for such additions to their homes. In Santa Clarita, the Tesoro Del Valle Homeowners Association rejected resident Marty Griffin’s application for solar panels and then sued him when he installed them anyway. A jury decided that he should make the panels less conspicuous by moving them. In another case in Camarillo, resident Marc Weinberg sued his HOA when they denied his application, citing California’s Solar Rights Act, and won.

Enacted in 1978, the Solar Rights Act (CA Civil Code 714) bars HOAs from restricting residents from installing solar-energy systems. Subsequent amendments to the Act limit the criteria with which building officials may review solar installations to only those items that relate to specific health and safety requirements of local, state, and federal law; impose civil penalties for HOAs that willfully violate the Act; and limit the time HOAs have to consider an application to 60 days, authorizing residents to install the systems if no decision has been reached after this duration of time.

While the Solar Rights Act may protect residents’ right to install solar panels, recent legislation concerning the installation of electric vehicle charging stations grants HOAs too much oversight. Senate Bill 209, effective this year, restricts HOAs from prohibiting the installation of the stations; however, the associations still have jurisdiction over approving them, which could force residents to endure a long and arduous process in order to house and maintain their electric vehicles.

Given the contractual agreements many residents sign when they join a community housing development, they are personally subject to the restrictions outlined in them and subject to the injurious consequences of breaching these contracts, explains an attorney. Fortunately, legislation has accompanied California’s green initiatives to ensure their implementation. Although certain laws may be limited at first, the amendments to the Solar Rights Act illustrate the state’s commitment to achieving its environmental goals.

By: Larry Drexel

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Larry Drexel is a Public Relations manager. To obtain free, informative books or articles he suggests visiting California personal injury attorney.