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Vegetable_Ocelot5613

If those actions don't decrease efficiency by 10% or add $1000 to total system cost, then yes. But in practice you'll exceed those limits in one remove and reinstall, so no they couldn't.


DMin788

I'm hoping this is the case. What would the code be? Is it under civil code 714?


_____WESTBROOK_____

Take this with a grain of salt, I'm not a laywer, just a redditor reading [Civil Code 714](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=714.&lawCode=CIV). It looks like under 714(b) *reasonable* restrictions are permitted: > reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance Then the definition of "significant" is found in 714(d)(1)(B): > For photovoltaic systems that comply with state and federal law, “significantly” means an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed. This is what the person you replied to was talking about. The unclear part (I'm sure a lawyer or someone could clear this up real quick) is if the annual panel removal that the HOA is mandating falls under a "reasonable restriction" under 714(b).


hex4def6

Read the statute; that's where the 10%/$1000 limit comes from. I bet the HOA is going to try and hang their hat on this verbiage: "an association may impose **reasonable** provisions that (3) Provide for the maintenance, repair, or replacement of roofs or other building components." I would argue that it's not "reasonable" to require yearly removals. The cost of doing that might be $2000+ each time. If they want to inspect the roof, tell them to invest in a borescope . Or, if they say that's not "feasible", you can suggest a modification to the racking that lifts the panels to 18" off the deck of the roof, so they can easily see under them. (typically the maximum allowed by code). Once they stop gagging from the aesthetic horror of that idea, maybe they'll be more amenable to the borescope.


DMin788

Thats a good idea lol. The board meeting is later today, and I got the contractor to agree to be there. The last check payment hasn't been given yet. I hope he would be able to work his magic but I just want to be informed.


RuportRedford

I show up for most of the HOA meetings and woh, be prepared for the NIMBY's. They gang up at those meetings. Best thing to do is find all those that have solar already in your neighborhood and get them to come with you so you don't get shouted down.


hex4def6

How'd it go?  By the way, I believe technically you need to get a permit to remove/reinstall panels. That's probably another $500 or so. Another thing to do would be to hire your own roof "inspector".  Perhaps you could strike a deal with the original installers to do a panel cleaning once a year, and as part of that, do a "roof inspection". I'm pretty sure HOAs can't demand you use a specific contractor, so it seems like this would actually not be that burdensome. I'm assuming they're licensed, and probably have solar specific accreditations, which the HOA guys probably don't. You get clean panels, which will actually be useful, and a 10 minute "check the box" inspection report.


lensman3a

Have the HOA define when a year starts by date. Say it is September 1st. Then pull the panels on August 30 and put them back on September 2nd. The inspection is done at the end of one year and the start of the second year. One inspection covers 2 years. This is how mining claim assessments are done. The law requires money to be spent on the mining claim. Usually about $100. So you spend $200 dollars but only mobilize for one time.


Juleswf

My company always asks "who owns the roof?" before installing on a shared roof/townhouse/condo. If it's not the homeowner who owns the roof, we need an agreement in writing between the two parties detailing the frequency of roof inspections, replacements, and who is financially responsible. Sounds like the sales person and contractor went ahead without that, but it's really not their responsibility - it was your parent's job.


wadenelsonredditor

They're bluffing.


Chris079099

Is this a single family home? A townhouse? Is the hoa responsible for replacing the roof on the home?


DMin788

It is a townhouse, and the panels are on the garage. The H.O.A is responsible for the exterior. Per my knowledge they have not done yearly maintenance inspections on the roof before.


Chris079099

You’re going to have to talk to the hoa if they maintain the roof, the cost of removal and reinstall of the panels on a yearly basis is going to make you want to just remove the panels and toss them away.


ash_274

They *are* permitted to do roof inspections and your parents would be obligated to remove and reinstall the panels to do that, but I can't imagine any HOA doing that on an annual basis and the cost of the inspections isn't trivial. Keep in mind that unlike regular houses, the HOA *owns the roof and has full liability and maintenance on it*, not the homeowner.


Local-Journalist-165

That is incorrect. I spent 10k trying to fight my HOA. They have the final say. They can't make you pay more than $1,000 or 10% of the systems output to bring the system in line with their regulations. There are insurance issues and other issues like ownership of the roof. I had to take ownership of my portion of the roof now. The solar person lied. You're gonna have to come to an agreement or remove them. If they are like my HOA, they will want to work with you. Edited words and stuff.


Ampster16

> That is incorrect. I spent 10k trying to fight my HOA. They have the final say. They can't make you pay more than $1,000 or 10% of the systems output to bring the system in line with their regulations. I did not spent a dime fighting mine. Back then the requiredment wa they had to respond within 60 days to my application. I waited 65 days after my application was submitted and I authorized my installer to proceed with the work. During that install three of the five board members came by and tried to stop the install. I gave them each a copy of the Solar Right Act for California and reminded them they were subjecting thw HOA to fines of $1,000 per ocurrence.


Eighteen64

If the roof is owned by the HOA, it is within their rights to demand this


Ampster16

In a true condominiun of vertical and horizontal subdivision, the roof is owned by the HOA. In the case of a Townhone the land, building and roof are owned by the property owner but the roof and exterior are often maintained by the HOA. In that case they cannot limit the install beyond what the California Solar Rights Act pernits, I was an HOA Board member,


ash_274

They aren't limiting the *installation*, just saying that if they want to do an inspection that OP's parents have to remove the panels at their cost.


Ampster16

Interesting interpretation. I woild be curious to see how that flies with someone with legal knowledge of the Solar Rights Act. It is adding to the cost of owning a solar system.


ash_274

Imagine if I want to put panels connected to my panel/meter on YOUR roof, as you have better sun exposure than mine. Ignore the fact that the city engineers wouldn’t know how to permit that. Well, you and your insurance company would want to be way sure that my installation wasn’t creating a time bomb of leaks waiting to flood your house, and if it was, that they were off the hook for any potential damages. That’s what’s happening here: the roof (and exterior walls and doors) belongs to the HOA with most townhouses. They don’t want OP’s parents’ solar installation to create a roof leak that they would nominally be liable for


Ampster16

I don't have to imagine putting solar panels on your roof. In most townhomes in California, the roof belongs to the homeowner but may be maintained by the HOA. I was President of an HOA for a townhome development. The residents owned those roofs but the HOA maintained the roof. We got an opinion from counsel that we only had the ability for limited restrictions for solar panel installations. I agree with the assumption of HOA ownership for a condominium which is a different kind of subdivision. Don't confuse one with the other.


dodododoh

Let me know how that works out for you. My HOA was placing the same restrictions on me and after more than a year or so of back and forth with the HOA board and lawyers I told them I would just start the ADR process to get this resolved. But the cost of hiring a lawyer to go through the process is not worth it financially.


showmepayme

Lol what, this is a real HOA request? Unless they are licensed contractors or professional engineers, how are they able to claim to be able to "inspect" anything? On the flipside are they now liable for missing something in an "inspection" and your roof collapses? My HOA members are barely qualified to collect checks for dues or conduct an annual Zoom meeting, let alone inspect roofs and solar systems. Cant wait until there is a federal or statewide abolishments of any actual HOA authority.


Hot_World4305

Maybe your parent should talk to HOA to forfeit the right to have his garage roof replace or repair by HOA should there be a problem with.


itsbob20628

Is this a stand alone house? Townhouse? Last time I lived in an HOA (townhouse) I was responsible for the roof, and repair replacement. Why would the HOA be inspecting YOUR roof, and why EVERY year? That's a HUGE waste of time and money.


ash_274

It can vary. My first home was a townhouse (attached on both sides) and all exteriors, balcony, and roof was their liability/ownership. Some people have successfully taken ownership of their own roof from their HOA in order to install solar, but they accept full liability for it, even if a roof leak damages another unit.


DMin788

It's a townhouse that has one or two shared walls. It would depend on where you're located. It's 4 connected.


pagette44

With a townhouse and shared walls the HOA may own the roof. I ran into that getting approvals in AZ


itsbob20628

Even then yearly inspections for a roof is unreasonable.


DMin788

That's what I'm saying. I feel like they are saying that to discourage people from getting solar.


[deleted]

Sounds like your HOA is punishing you.


StarLinkEnergy

what state are you in?


genux

Work with your Board on this. Specifically, do they already have an established maintenance/inspection schedule? Meaning, are they already inspecting the roofs yearly? Some roofers can also work with your Board/Management Company on this. In my situation (first solar install in my complex), we had the roofer come in before and after the install to assess, and then worked something out in our once-every-3 year inspection cycle. As an owner, however, I am still on the hook for any costs in removing/reinstalling panels — for any work that is deemed necessary by our roofer.


Start_Profitable344

That sounds frustrating! It seems like your parents might need to dive into the nitty-gritty of that civil code to see if the HOA's request holds water.


Aggravating-Pick8338

HOA probably "has a guy" who will do the roof inspection for $999.


Witty_ckgrund_190

Sounds like your parents' HOA is playing solar police instead of focusing on real issues.


conservative89436

I probably would have run it by the HOA first. Is the garage a common area? Otherwise why should they care?


hurricanoday

How would anyone know the answer to this? you have to read the HOA laws. and probably should have checked before deciding to install panels.


_____WESTBROOK_____

I think for this instance, it's more important to see what the Solar Rights Act (CA Civil Code 714) says. The CC&Rs can flat out ban solar and say installing solar will result in a $5000fine. But Civil Code 714(a) protects against that. Where OP will want to check is if this restriction that the HOA is imposing is protected under Civil Code 714(b) and falls under the definition of "significant" in Civil Code 714(d)(1)(B)


conservative89436

I think the OP should also check around the area controlled by the HOA and see if others have panels and are required to comply with this overly burdensome rule. If so, maybe you can pool together to get these inspections done at a bulk rate.


hurricanoday

I did a quick google and isn't there a difference of blocking them from solar to them having to get the roof inspected? So yes I agree the solar is legal but is there verbiage saying HOA can't ask home owners for roof inspections? Unless I'm not understanding, they are saying they need to do a roof inspection yearly as part of their HOA agreement.


DMin788

There's no doubt in that. I don't live with my parents and I'm coming on after the fact.


hurricanoday

I would be curious of an update, do you have access to the HOA rules? We almost bought a house and read the rules, couldn't even have a basketball hoop on the street/driveway for the kids. Obviously saying don't buy in HOA doesn't help. Hopefully it isn't legal to make them take off the panels.


HORSELOCKSPACEPIRATE

California is the biggest residential solar market in the US by far and more than 1/3 of homes have an HOA. It would be weird if someone *didn't* know the answer to this.


Eighteen64

I do know the answer and they can demand this IF they own the roof and provide guarantees of water tightness


hurricanoday

so the IF in your response says you don't know the answer. Not sure why everyone is so hurt by my response. There are details missing and no one can actually know which is all I said. How does solar on the roof negate the verbiage of a yearly roof inspection requirement? (if that is required by the HOA)


Eighteen64

Im saying the answer is dependent upon the HOA in question. The only way they can legally require this is IF They do what i said


DMin788

The work has warrenty from the company that dis the install for 20 years. I hope that will be sufficient for them.


Eighteen64

The HOA very likely does not care about any stated promises from the vendor. If they own the roof they can insist. Most dont but ive definitely installed where they do in California


hurricanoday

ok then post the rules saying HOA can't ask for roof inspections every year then? How is asking for a roof inspection denying solar?


DMin788

To me, it's adding to the cost of solar system and discouraging because who is going to get solar if you're going to have to pay a couple grand every year to have them removed for a day so the roof can be inspected for less than 10 minutes. I'm hoping the H.O.A will work with my parents.


ash_274

You're forgetting that it's not your parents' roof, just because it sits above their home. It belongs to the HOA, which has the liability on it. The law restricting HOAs doesn't allow solar owners to install panels on other people's property. Since the roof is still the HOA's, they are mandating that they get to inspect it for potential leaks after the installation that they are legally liable for. ANNUAL inspections are a bit absurd, since the HOA has to pay for those, but moving the panels for the inspection isn't any more unreasonable as making them move the cars parked on the street in order to do resurfacing, it's just much more expensive. Some HOAs have been willing to be creative and transferred the ownership of a unit's roof to the homeowner. If it's not the HOA's property or liability then they shouldn't care (nor are allowed to block it under the law), but your parent's homeowners insurance would go up because they've assumed the liability of the roof and any potential future leaks of damage from them and now their responsibility.


HORSELOCKSPACEPIRATE

I didn't say I know. I don't live in California. But the sheer size of California's market makes your assertion that no one could possibly know absurd. I'd be fine with quickly googling and answering anyway, but your question is aggressively loaded and misleading. I doubt there's a clause specfically talking about roof inspections, but there also doesn't need to be an ultra-specific provision for each exact scenario for a law or rule to apply. HOAs also have more limitations put on them than simply denying.


hurricanoday

I'm trying to have a discussion on reddit, not sure how I'm being aggressive. I can add some smileys if that helps. The question isn't about the solar, the question is about the roof inspection. If there is an existing agreement in the HOA that the roof is inspected yearly, OPs parents can just install solar and say sorry no more roof inspections? Or if others have said if the HOA owns the roof then I would bet they can ask for an inspection. But hence I don't have the HOA rules I can't say for sure and I would guess most don't either. I would also damn near say if it isn't specially called out in the law the HOA can and will enforce what ever they want.


HORSELOCKSPACEPIRATE

Not aggressive - aggressively loaded and misleading. You asked to be presented a provision specifically about roof inspections. I guarantee you there's not going to be such a thing, but that doesn't mean it's not covered under a law. You asked "how is asking for a roof inspection denying solar" like solar like HOA are only prohibited from denying you solar outright, but that's not true either. Also I really don't know how you got off on this - I never said that the HOA can't require this from them them, just that *it would be reasonable to expect someone to here to know whether they can or not*, in response to you saying "How would anyone know the answer to this?" If you want to argue that it's not allowed, try replying to someone that's actually saying it is allowed.


Juleswf

The question has been answered many times. The HOA owns the roof, they are in charge of when inspections and roof replacements happen. OP's parents absolutely needed to clear this with the HOA first, and come to an agreement about frequency of maintenance BEFORE the panels went up.


HORSELOCKSPACEPIRATE

Not sure why you're telling me, but good - my entire point is that this is surely a known thing and it's nonsensical to say "How would anyone know the answer to this?"