New member question about HOA

[SolarFamilyGuy]

I am about to pull the trigger on a 9.92 kw solar system with 35 panels. This system, in theory, should allow me to only pay the $12 connection fee to the utility for most of the year, while using the credits that I built up for winter months. (in theory) These panels are made locally along with locally made micro inverters. Washington State has a law preventing my HOA from denying my installation as long as it is for energy production or heating water. I have read the RCW many times and my installer has showed me the law many times, but I want to make sure what I understand is correct before I move forward. So, I come to the pro's for your advice and wisdom. Here is the law word for word. Can somebody reasure me so I can sleep better? I am being assured that my installation will conform to every requirement that Washington State is asking along with local county and building codes. All work will be done with licensed electricians and the company is insured and bonded with an A+ rating from the BBB. I have called a few previous references and all have given praise to this company.

8/19/2015 RCW 64.38.055: Governing documents — Solar panels.
http://apps.leg.wa.gov/rcw/default.aspx?cite=64.38.055 1/2
64.38.050 << 64.38.055 >> 64.38.060
(1) The governing documents may not prohibit the installation of a solar energy panel by an owner
or resident on the owner's or resident's property as long as the solar energy panel:
(a) Meets applicable health and safety standards and requirements imposed by state and local
permitting authorities;
(b) If used to heat water, is certified by the solar rating certification corporation or another
nationally recognized certification agency. Certification must be for the solar energy panel and for
installation; and
(c) If used to produce electricity, meets all applicable safety and performance standards
established by the national electric code, the institute of electrical and electronics engineers,
accredited testing laboratories, such as underwriters laboratories, and, where applicable, rules of
the utilities and transportation commission regarding safety and reliability.
(2) The governing documents may:
(a) Prohibit the visibility of any part of a roofmounted
solar energy panel above the roof line;
(b) Permit the attachment of a solar energy panel to the slope of a roof facing a street only if:
(i) The solar energy panel conforms to the slope of the roof; and
(ii) The top edge of the solar energy panel is parallel to the roof ridge; or
(c) Require:
(i) A solar energy panel frame, a support bracket, or any visible piping or wiring to be painted to
coordinate with the roofing material;
(ii) An owner or resident to shield a groundmounted
solar energy panel if shielding the panel
does not prohibit economic installation of the solar energy panel or degrade the operational
performance quality of the solar energy panel by more than ten percent; or
(iii) Owners or residents who install solar energy panels to indemnify or reimburse the
association or its members for loss or damage caused by the installation, maintenance, or use of a
solar energy panel.
(3) The governing documents may include other reasonable rules regarding the placement and
manner of a solar energy panel.
RCW 64.38.055
Governing documents — Solar panels.
8/19/2015 RCW 64.38.055: Governing documents — Solar panels.
http://apps.leg.wa.gov/rcw/default.aspx?cite=64.38.055 2/2
(4) For purposes of this section, "solar energy panel" means a panel device or system or
combination of panel devices or systems that relies on direct sunlight as an energy source, including
a panel device or system or combination of panel devices or systems that collects sunlight for use
in:
(a) The heating or cooling of a structure or building;
(b) The heating or pumping of water;
(c) Industrial, commercial, or agricultural processes; or
(d) The generation of electricity.
(5) This section does not apply to common areas as defined in RCW 64.38.010.
(6) This section applies retroactively to a governing document in effect on July 26, 2009. A
provision in a governing document in effect on July 26, 2009, that is inconsistent with this section is
void and unenforceable.
[2009 c 51 § 1.]

[J.P.M.]

Are there any other installs in your HOA ? Have you touched base with the HOA ?

[SolarFamilyGuy]

Nope. I would be the first home in the neighborhood.

[SolarFamilyGuy]

I did submit an application to modify exterior and are waiting for approval.

[J.P.M.]

FWIW: I'd read and thoroughly understand your HOA's governing documents, then go to the HOA, advise them of your intentions and your knowledge of the law and seek their opinion on the best way for you to get what you want. Be friendly, but firm and professional. You may be trying to solve a problem that doesn't exist. If a problem does exist, communication is one fast and inexpensive way to find out. I'd take control of the situation.

[SolarFamilyGuy]

The only issue I see with this law is that my HOA can dictate where I can install the panels. Section 2a says the governing documents may prohibit the visibility of a roof mounted solar panel above roof line. In my CCR's, nothing in there specifically mentions anything about solar panels period. It does talk about keeping with the appearance of the rest of the homes. Nor does my CCR's say anything about my roof. I and my installer have provided pictures and a copy of the law to my HOA.

[SolarFamilyGuy]

Section 2b says this

b) Permit the attachment of a solar energy panel to the slope of a roof facing a street only if:
(i) The solar energy panel conforms to the slope of the roof; and
(ii) The top edge of the solar energy panel is parallel to the roof ridge; or


One section says "may" prohibit while section 2b says permit the solar panels. I don't understand.

[foo1bar]

One section says "may" prohibit while section 2b says permit the solar panels. I don't understand.

2a, 2b, and 2c are different options that the HOA can take for putting restrictions on installations.

They can take 2a approach - basically "Don't let anything be visible"
Or the 2b approach - basically "only if they're same angle as the roof and the panel edge is parallel to the ridge" (>90% of installs I'd guess)
OR the 2c approach "you have to paint stuff to match the roof/siding"

If there's nothing in the HOA docs right now (and there probably isn't) then probably 2a, 2b, and 2c don't apply.
BUT the old saying goes - you catch more flies with honey than you do with vinegar.

IMO JPM's advice is good advice.
1> Read and understand your HOA docs.
2> Attend an HOA meeting with a proposal in hand of what you plan to do. (I'd include color street level photos of the house, showing the roof you're installing the panels on) Possibly with the area getting the panels outlined so they can see how much of the roof will be covered.
3> Be friendly and professional.

The HOA meeting may tell you that it has to go to a committee - or they may need to discuss it.
If they ask that you paint the conduit to match or some other small easy to do cosmetic thing - I'd be agreeable. Assure them that you want your install to improve the value for your neighborhood and your house.

[SolarFamilyGuy]

@foo1bar
I agree with that honey and vinegar statement. This is why I am asking and covering my ars before I go through with this.

[SolarFamilyGuy]

After reading and digging on the net about Washington State law, I realize something. The Ace card for me and my HOA is the very last sentence in this law.

"This section applies retroactively to a governing document in effect on July 26, 2009. A
provision in a governing document in effect on July 26, 2009, that is inconsistent with this section is
void and unenforceable."

This basically says that This prohibition applies retroactively and renders "any" inconsistent section of an existing homeowners association governing documents void and unenforceable.

Since my governing documents have been around since before 7/26/2009, this law allows me to install.

[foo1bar]

Since my governing documents have been around since before 7/26/2009, this law allows me to install.

Not so fast.
It means that any restriction beyond what is in the law is unenforceable.
But that doesn't change anything that was discussed above.

And I wouldn't start any install without getting buy-in from the HOA board. If you do, you run the risk of having your install half-done and there being a change in the CC&R's that make it so you can't have anything visible from the common areas (that IS an allowable restriction under the law - so if you piss off enough people, they can change the CC&Rs and you only have 1 vote in the HOA to vote against them adding that to the CC&Rs)

[diogenes]

The HOA is about to become your worst nightmare.....

[SolarFamilyGuy]

I hear you. I really do understand. I have submitted an ark request and have been waiting for approval. I am only trying to understand the law if and when my HOA sends me a denial letter. If I need to appeal the decision I have ammunition for my appeal.

[J.P.M.]

I'd suggest if you get a denial letter and you feel strongly enough about it, go to the HOA and ask what they will accept. And also, depending on how strongly you feel, contact an attorney versed in HOA law. WA may be different, but in CA, the courts are generally more sympathetic to HOA's than to homeowners.

[SolarFamilyGuy]

If my HOA tries to dictate where my West facing solar panels should be installed, I could come back with this statement directly from the law.

(c) Require:
(i) A solar energy panel frame, a support bracket, or any visible piping or wiring to be painted to
coordinate with the roofing material;
(ii) An owner or resident to shield a groundmounted
solar energy panel if shielding the panel
does not prohibit economic installation of the solar energy panel or degrade the operational
performance quality of the solar energy panel by more than ten percent;

In the litteral writing of the law it says ground mounted, but if you read the entire law in contex, the 10% quality applies to roof mounted or ground mounted operational performance. My CCR's do not speak of nor does it even mention a single word about solar panels. My CCR's do not even mention anything about my roof, other than I have to keep it free of moss. This solar installation would be litterally exploring new worlds and ideas about future solar installations in my HOA.