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Homeowner seeks legal advice after HOA president threatens lawsuit over renovation: 'I want to be sure I'm on very firm ground'

"Best of luck!"

"Best of luck!"

Photo Credit: iStock

Understanding the rules of an HOA can be difficult at the best of times.

That's why one person took to the r/legaladvice community to ask about installing solar panels on the roof of their home — and the likelihood of facing a punishment if they are deemed to be breaking HOA rules.

"My HOA president responded to my solar installer's first emailed proposal with 'Solar panels are not allowed' and 'This letter [email] will be forwarded to our attorney. Please do not proceed with any work until we are in total agreement,'" the original poster detailed.

But they also knew that a Florida statute says that HOAs can't forbid the installation of rooftop solar panels. Despite passing on the information, the HOA president wouldn't budge.

The OP went on to observe that the HOA's rules say that a design proposal that isn't approved or rejected within 30 days could go ahead under the assumption that the rules had been complied with.

"I want to be sure I'm on very firm ground before I proceed," the OP said.

"If the HOA president has not responded to your proposal within 30 days, their silence is considered to be a tacit approval of your proposal and you are not required to obtain any further approval from the board or an architectural committee," one person replied, adding that they should still check with a lawyer.

Of course, this isn't necessarily true for all homes under an HOA, but it seems the OP is well within their rights — both when considering the HOA's rules and the local statute — to add the tech to their home.

When they do, they'll be able to produce free electricity that will significantly reduce their energy bills. If their solar array is large enough, they could even end reliance on the grid for good.

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This will make their home more resilient in extreme weather conditions, as the property won't be affected by local grid outages. What's more, by cutting the need for grid-provided power, they will minimize their polluting impact.

Despite the rise of renewable sources in the wider energy mix, electricity production is still heavily dependent on dirty fuels like coal, gas, and oil. But solar panels don't release any planet-warming gases as they create power.

HOAs have been known to stand in the way of environmentally positive actions at home. For example, some have prevented the installation of a washing line in place of an energy-intensive dryer, while others have rejected requests to add electric vehicle charging infrastructure to properties. People have even been discouraged when trying to rewild their lawns to save money on water bills and benefit the local ecosystem.

However, working with your HOA and explaining why these alterations can benefit you and your local community can encourage these organizations to change their bylaws for the good of everyone.

"Best of luck!" one Redditor said. "A well-governed HOA can be a godsend. But a poorly governed one can be a nightmare."

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