I am interested in opinions as to how to interpret the language in the MA Solar Access Law. Specifically in regards to the voiding of restrictive provisions in bylaws as per Chapter 184, Section 23C.
Chapter 184: Section 23C. Solar energy systems; installation or use; restrictive provisions
Any provision in an instrument relative to the ownership or use of real property which purports to forbid or unreasonably restrict the installation or use of a solar energy system as defined in section one A of chapter forty A or the building of structures that facilitate the collection of solar energy shall be void.
I live in a townhouse condo association. The condo association is responsible for all outside maintenance which is paid for out of our condo fees. This includes maintaining the roof.
The question is while the association is responsible for the roof, does the section above afford the townhouse owner the right to use the roof for solar energy devices such as photovoltaic panels? I imagine if I lived in a privately owned home that happened to come under HOA bylaws the situation would be more clear as in that case I would own the roof.
I am aware of the laws that allow the installation of satellite dishes on "common property" that is not expected to be used by the public. ie. Installing a dish on a private deck of a rented townhouse or apartment. Is the intent of Chapter 184 Section 23C to afford similar rights for the installation of solar energy devices?
I've checked the web for answers, but haven't found anything that fits exactly this situation of installing private PV panels on the roof of a townhouse where the owner does not own the roof. Some states with solar access laws do a better job of clarifying this.
Any opinions on the interpretation of this law would be welcome.
Thanks
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Editor's Response
Interesting. I'm curious about what you found in your research of other states' laws. Do they allow Condominium owners to install solar equipment on a roof owned by the association? Unfortunately, I know nothing about this subject, but I would be surprised if the MA law was interpreted to allow you to install something. Did you try contacting the Department of Energy Resources? Sorry I can't help, but please let us know what you discover.
Massachusetts Department of Energy Resources
Public Information Officer
100 Cambridge Street,Suite 1020
Boston, MA 02110-1313
Phone: (617) 626-7300
I've been doing some research
I've been doing some research and some states are much better than others at clarifying the issues where common roofs are involved. Hawaii is one state in which these are specifically spelled out.
Check out §196-7 at http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0196/HRS_...
Here the law specifically addresses what is required of townhouse owners who wish to install solar devices on common roofs in a managed association. Compared to the details in this law the MA solar access law is nebulous at best.
I did email the consumer affairs coordinator at the MA Department of Energy Resources, but the reply I received politely informed me that DOER cannot give private legal advice and that I need to contact a private lawyer. I certainly understand, but it is a shame that our solar access laws are so nebulous that even the MA Department of Energy is unsure of how they should be interpreted and isn't willing to speak to the issue.
I did have a meeting with our association's board today. It was more of an informational meeting with me providing some specifics on the size and type of system I was interested in installing. I also brought up the MA solar access law and how it voids any language in the bylaws that would prevent the installation of solar panels, but I also told them I was still unclear as to how the law was to be interpreted in regards to installation on my townhouse roof which is maintained and deeded to the association. Currently the board seems divided and wants clarification on the law, so it looks like my next step is to find a lawyer versed in solar laws and condo associations.
I guess my next question is...how does one find a lawyer versed in such a tiny niche?
Editor's Response
Thanks for the update. I wonder if you contacted some companies that sell and/or install solar panels if they might have some experience with this issue. Perhaps they could put you in touch with an attorney with relevant experience.
Thanks, that approach is the
Thanks, that approach is the one I'm attempting to follow now. I have spoken with a handful of companies who sell and install solar panels within Massachusetts, but none so far were even aware of the existance of the MA Solar Access Laws. (To be fair, it could have been just the solar consultant I spoke with at each company who was ignorant of the existance of the statute) Perhaps I'll be fortunate and the next company I contact will have an in-house expert on the matter.
I have consulted a lawyer on the issue and was told that since the statute was passed in 1985 there have been no cases which cite the statute, hence it hasn't been tested and is really open to interpretation. There also have been no cases in MA that discuss condo associations and solar panels even without a reference to the statute. I am beginning to feel like a pioneer here with no broken trail to follow.
I will also try contacting some of the solar advocacy groups and see if they can point me in a helpful direction. I would expect the industry must have lawyers to advocate for the adoption of solar power and perhaps someone there would have the answer to my question.
Editor's Response
Good idea. Please keep us posted.
Going Solar in a Condo
Hi,
I am a Massachusetts solar installer and I happened to find this post. I am familuar with the MA Solar Access Law, but I don't know how that would affect a condominium.
I remember coming across a couple who installed solar on their condo. Luckily, I found the article and I wanted to share it with you. I'm not sure if you came across this.
http://www.ases.org/index.php?view=article&catid=12%3Alatest-features&id...
http://www.thedailygreen.com/environmental-news/community-news/national-...
There is also a document published by the Solar America Board of Codes and Standards that may be interesting: http://www.solarabcs.org/solaraccess/Solaraccess-full.pdf
Have you spoken to your condo association about this? If you want to discuss further or would like a solar installer to come to the meeting with you as the couple in IL had done, please let us know. http://www.brightstarsolar.net