#1 is the problem I have with HOAs in general (and mine in particular). What you describe above is a breach of fiduciary duty. When acting as a fiduciary, an individual is required to act based solely on the interests of the beneficiary, even to their own disadvantage. Fiduciary is the highest standard of care that the law recognizes. Similarly, but with a lower standard of care, when acting in a representative (agency) capacity, the interests of those that are represented should take precedence over those of the representative. My board still has a significant influence from the developer and builders and a there is still a non-homeowner on the board. Their interests may overlap to a degree, but are not perfectly aligned with those of the homeowners.
With respect to 2, I was speaking to damages. Of course the ordinances will have to be complied with and HOA is not responsible for code enforcement. But if the homeowner was delayed in installing his PV array, and the ordinances changed during that delay or for any other reason the cost goes up such that it now costs more to install the same number of Watts, and the HOA is found to be liable, then the homeowner was damaged in an amount equal to his increased cost and the HOA could be ordered to pay the homeowner the amount of those damages. If the homeowner couldn't put up as many Watts as he had originally planned because the ordinance changed and the HOA is responsible, then the damages the homeowner could be awarded include the value of the lost electricity that would have been produced over the life of the array. Those damages are more speculative, but I think a good damages expert could convince a judge or jury to award a significant amount.
3 isn't that simple. If a tree exists when you put up an array, and it later grows to shade your array, you are at the mercy of the tree owner. But if you put up an array and then someone plants a tree, you can force him to cut it back or down completely if you provided notice of your claim to a solar easement when you put up the array. The easement runs with the property and is effective against subsequent owners. So, although it might be a rare occurrence, if your neighbor plants a tree while you are litigating with the HOA, the HOA could be held liable for the loss of production you will suffer when the tree grows to shade your array, because "but for" the HOA's illegal rejection of your solar application, and the delay it caused in installing your array, you would have been able to serve a solar easement on your neighbor and control the shade to your array. You lost a right due to the HOA's improper action and as a result you suffered damages. HOA has to pay.
With respect to 2, I was speaking to damages. Of course the ordinances will have to be complied with and HOA is not responsible for code enforcement. But if the homeowner was delayed in installing his PV array, and the ordinances changed during that delay or for any other reason the cost goes up such that it now costs more to install the same number of Watts, and the HOA is found to be liable, then the homeowner was damaged in an amount equal to his increased cost and the HOA could be ordered to pay the homeowner the amount of those damages. If the homeowner couldn't put up as many Watts as he had originally planned because the ordinance changed and the HOA is responsible, then the damages the homeowner could be awarded include the value of the lost electricity that would have been produced over the life of the array. Those damages are more speculative, but I think a good damages expert could convince a judge or jury to award a significant amount.
3 isn't that simple. If a tree exists when you put up an array, and it later grows to shade your array, you are at the mercy of the tree owner. But if you put up an array and then someone plants a tree, you can force him to cut it back or down completely if you provided notice of your claim to a solar easement when you put up the array. The easement runs with the property and is effective against subsequent owners. So, although it might be a rare occurrence, if your neighbor plants a tree while you are litigating with the HOA, the HOA could be held liable for the loss of production you will suffer when the tree grows to shade your array, because "but for" the HOA's illegal rejection of your solar application, and the delay it caused in installing your array, you would have been able to serve a solar easement on your neighbor and control the shade to your array. You lost a right due to the HOA's improper action and as a result you suffered damages. HOA has to pay.
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