But occasionally, because of a unique Virginia constitutional provision, their efforts will still be futile. If the homeowner wants it enough, they can choose to lawyer up and fight the restrictions in court. Sometimes, even if companies go through the process to prove the restrictions are unreasonable, the HOA still won’t allow it to move forward. However, there are still instances where HOAs won’t allow solar or certain placement of solar irrespective of the new laws,” Estes said. “The new law has helped us in a couple instances. Nova Solar CEO Barklie Estes said his company doesn’t have many issues with HOAs either. So it’s not bad compared to the hundreds upon hundreds of all the installations that we’ve done,” Billiet said. “In years being in business, I can count on one hand how many times we’ve had actual big problems where we just give up. Overall, Virginia contractors said they haven’t had too much trouble with HOAs in general. So if I’m helping one of my competitors in an area of Virginia where we are not installing anytime soon, if he can get more solar installed, it accomplishes our mission too.”Īlthough the bill can create additional paperwork and lengthen the installation timeline, it gives contractors the legal backing to push a project to completion that wouldn’t have been possible before. “Our mission is to fight climate change by installing as many solar panels as we can. “I was surprised by how fast we just all called each other, like ‘frenemies,’” said Herve Billiet, CEO of Ipsun Solar. Ipsun talked to fellow NABCEP-certified solar contractors and agreed to sign off on each other’s documentation. Virginia-based installation company Ipsun Solar has found a clever way to reduce costs for this additional step in the install process. In order to prove these percentages, the law requires homeowners to “provide documentation prepared by an independent solar panel design specialist that is satisfactory to the community association to show that the restriction is not reasonable according to the criteria established in the bill.”ĭocumentation is only required if the HOA denies a solar proposal. HB 414/SB 504 clearly defined “unreasonable” as either “increasing the cost of installation of the solar energy collection device by 5% over the projected cost of the initially proposed installation” or “reducing the energy production by the solar energy collection device by 10% below the projected energy production of the initially proposed installation.” Previous bills stated HOAs could not impose unreasonable restrictions upon homeowners wishing to go solar, but didn’t define what “unreasonable” meant. Virginia’s bill improved upon prior bills in the state addressing HOAs and solar power. Delman said the best example of this type of law is Virginia’s HB 414/SB 504, which was signed by Gov. ![]() For the ones that don’t, it can be a real barrier.”Īccording to the Community Associations Institute, 27 states have legislation in place that protects solar access for HOA residents. “Many states have laws that protect solar homeowner rights with respect to HOAs. “It’s very much a state-by-state issue,” Delman said. Ben Delman, communications director for SUN, said the best way to increase solar access for HOA residents is by pushing for laws that clearly define what rights solar homeowners have. Residential solar advocacy group Solar United Neighbors (SUN) works to solve HOA roadblocks to solar installations through grassroots organizing and policy efforts. In the worst-case scenario, it can even lead to cancelled contracts. Working with a client who lives in a homeowners association (HOA) subdivision could cost installers much more time and money. ![]() Residential solar contractors encounter plenty of speed bumps in the process from sales to installation, whether that’s tire-kickers, financing issues or logistical delays.
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