where to find law that prevents HOA from disallowing solar

[thastinger]

I live in a historic preservation district in my city, I have a feeling I'm about to need this law as I'm about to install solar pool heating panels.

[Naptown]

I live in a historic preservation district in my city, I have a feeling I'm about to need this law as I'm about to install solar pool heating panels.

http://www.planportsmouth.com/historicdistrictcommission.html

[inetdog]

I live in a historic preservation district in my city, I have a feeling I'm about to need this law as I'm about to install solar pool heating panels.

Unfortunately for you, the various state and federal laws governing access to solar power generally limit an HOA from making unreasonably restrictive rules.
But a historical preservation district (HPD) is generally not covered by those laws.
When you purchase property in an HPD, you are subjecting yourself to those existing restrictions.

Now as long as the panels do not visibly affect the exterior of your house, particularly as seen from the street and/or neighboring properties you should be OK.

[thastinger]

http://www.planportsmouth.com/histor...ommission.html

Thanks Rich...but that is Portsmouth NH.
I'm up to speed on our historic guidelines here but there is no president here as my application will be the first for here. I'm just looking to gather as much armor as I can before I have to present my case to develop my own property (founding fathers roll in their graves)

[thastinger]

Unfortunately for you, the various state and federal laws governing access to solar power generally limit an HOA from making unreasonably restrictive rules.
But a historical preservation district (HPD) is generally not covered by those laws.
When you purchase property in an HPD, you are subjecting yourself to those existing restrictions.

Now as long as the panels do not visibly affect the exterior of your house, particularly as seen from the street and/or neighboring properties you should be OK.

I talked to the civic league President today...who also sits on the historic commission board, he doesn't see an issue but it is the first here so I'd like to gather all the "case law" I can before I go in there

[Naptown]

thanks rich...but that is portsmouth nh.
I'm up to speed on our historic guidelines here but there is no president here as my application will be the first for here. I'm just looking to gather as much armor as i can before i have to present my case to develop my own property (founding fathers roll in their graves)

oops

[russ]

but there is no president here as my application will be the first for here.

You mean precedent maybe?

[thastinger]

You mean precedent maybe?

Ha ha, yes

[OvertheSun]

I live in a historic preservation district in my city, I have a feeling I'm about to need this law as I'm about to install solar pool heating panels.

This is what you were asking for in your message, but as the other posters mentioned, it may not be all of the story for an historic preservation district

http://lis.virginia.gov/cgi-bin/legp...000+cod+67-700 and the next page

In California, there are similar prohibitions that also apply to local governments (cities, counties), but the protection in VA doesn't seem to extend beyond HOAs. If you bought your house recently (2013-14) it looks like the law requires that restrictions on solar are included in the general disclosures for the real property transaction.

This isn't case law, though. You would need to go to a law library and and search in the state court reporters, or in Lexis or Westlaw online.

[thastinger]

This is what you were asking for in your message, but as the other posters mentioned, it may not be all of the story for an historic preservation district

http://lis.virginia.gov/cgi-bin/legp...000+cod+67-700 and the next page

In California, there are similar prohibitions that also apply to local governments (cities, counties), but the protection in VA doesn't seem to extend beyond HOAs. If you bought your house recently (2013-14) it looks like the law requires that restrictions on solar are included in the general disclosures for the real property transaction.

This isn't case law, though. You would need to go to a law library and and search in the state court reporters, or in Lexis or Westlaw online.

Thanks. Since my application has to be submitted a couple of weeks before the actual review meeting, I'm looking forward to what the underchurn might be approaching the meeting.