Not reading the fine print can get you into a world of trouble. For one Reddit user, however, the fine print may have just saved the day after their homeowners association violated its bylaws.
The Redditor reached out on the r/LegalAdvice forum to see if it was time to lawyer up after their HOA took more than 60 days to conditionally approve their solar panels.
"Wanted to see if this had any merit or if I need a lawyer to help defend myself," they shared.
The North Carolina resident explained that their solar project crucially included plans for street-facing panels. Positioning them this way would help them perform at peak levels because — at least for this Redditor — they'd be facing south, per the U.S. Department of Energy.
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Unfortunately, the Redditor's plans hit a roadblock when their HOA approved the panels on the condition that the homeowner remove the street-facing panels.
While local "solar rights" laws can protect projects that benefit individual households and communities, this homeowner said they weren't covered. But they spotted a potential source of salvation: The HOA took more than 60 days to reply to their proposal.
They explained that one of its bylaws stipulates that "if the Board or its designee fails to approve or to disapprove such design and location within sixty (60) days after the plans and specifications have been submitted to it, the foregoing will be deemed approved."
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"Is this worth the expensive consultation fee to see I can fight and win this?" they asked.
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In the meantime, the homeowner's project stalled as they continued to push back against their "stubborn" HOA, which wasn't moved by their argument about the 60-day rule.
"If they are a strict HOA, then they should have strictly followed the 60 day approval. At this point, it might be worth getting a lawyer," one commenter advised.
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