Legal Question in Real Estate Law in Virginia

My HOA severely restricts the installation/implementation of solar panel based products in my home.

They:

*limit the type of solar panel

*require numerous procedures to be done to get the panels installed

*severely limit the area of your property to use (just the back part of your roof you can't even use your whole roof, it's not like i want to replace my garden with solar panels! But that would be nice :D ).

So based on the below Virginia law do I have a case in small claims court (or where would I sue them)? I have not yet contacted at all about this, as to not get on their bad side. Also, they put these "interim" rules after July 1.

Va. Code � 67-700. Definitions

As used in this chapter:

"Community association" means an unincorporated association or corporation that owns or has under its care, custody, or control real estate subject to a recorded declaration of covenants that obligates a person, by virtue of ownership of specific real estate, to be a member of the unincorporated association or corporation.

"Solar energy collection device" means any device manufactured and sold for the sole purpose of facilitating the collection and beneficial use of solar energy, including passive heating panels or building components and solar photovoltaic apparatus.

(2006, c. 939; 2008, c. 881.)

� 67-701. Covenants regarding solar power.

A. Effective July 1, 2008, no community association shall prohibit an owner from installing or using a solar energy collection device on that owner's property. However a community association may establish reasonable restrictions concerning the size, place, and manner of placement of such solar energy collection devices.

B. The community association may prohibit or restrict the installation of solar energy collection devices on the common elements or common area within the real estate development served by the community association. A community association may establish reasonable restrictions as to the size, place, and manner of placement or installation of any solar energy collection device installed on the common elements or common area.

C. This section shall not apply with respect to any provision of a restrictive covenant that restricts the installation or use of any solar collection device if such provision became effective prior to July 1, 2008.

Nothing in this section shall be construed to (i) invalidate any provision of a restrictive covenant that prohibits or restricts the installation or use of any solar collection device if such provision was in effect before July 1, 2008, or (ii) prohibit the amendment of a restrictive covenant on or after July 1, 2008, to prohibit or restrict the installation or use of any solar collection device if such amendment is adopted by the membership of the community association in accordance with such association's governing documents.


Asked on 9/13/09, 1:06 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Based upon the Virginia law cited, it would be my opinion that you would have no viable case against the HOA in small claims court or in any other forum to sustain whatever claims that you might have in mind as, among other things, you have offered no credible evidence that the HOA restrictions currently in place are not reasonable "as to the size, place, and manner of placement" of any solar energy collection devices which you have currently installed on your property or may plan to install.

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Answered on 9/18/09, 7:43 am


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