An Update from us on solar panels in North Carolina

Recently, the Supreme Court of North Carolina handed down a decision (in Belmont Association, Inc. v. Farwig) which greatly affects the ability of planned communities to regulate the location and placement of solar panels on lots within the community. The ruling does not affect condominium communities created under Chapter 47A or Chapter 47C of the North Carolina General Statutes. The ruling does, however, potentially affect all planned communities with restrictions recorded on or after October 1, 2007 (the effective date of N.C.G.S. § 22B-20). 

In Belmont, the Farwigs installed solar panels on the front of their home without architectural approval. When they subsequently applied for approval, they were denied and told to remove the front-facing solar panels as they were only permitted on the rear roofs in the community. 

The Declaration didn’t expressly address the issue of solar panels, but they were considered an “improvement” under the architectural provisions of the Declaration. The court held that the architectural provisions contained in the Declaration (as applied to the Farwigs’ solar panels) had the effect of prohibiting the installation of solar collectors under 22B-20(b) and were invalid since, in the Court’s judgment, neither of the two exceptions contained subsections (c) and (d) of the statute applied.   

In analyzing the two exceptions contained in the statute, the Court first concluded that 22B-20(c) provides an exception for a deed restriction, covenant, or similar binding agreement that does not have the effect of preventing the “reasonable use” of a solar collector. Second, 22B-20(d), provides another exception which permits a deed restriction, covenant, or similar binding agreement that runs with the land that would prohibit the location of solar collectors that are visible by a person on the ground in three specific locations described in the statute.   

The Belmont Court concluded (without significant explanation) that the restriction in the case prevented the reasonable use of solar panels and, therefore, the exception in subsection (c) did not apply. The Court then held that the exception in subsection (d) did not apply either because the restriction at issue here did not expressly prohibit the installation of solar panels in the relevant location(s) – rather the restriction only had the “effect” of prohibiting the installation of the solar panels by leaving that decision up to the architectural reviewer. In other words, the Court was careful to distinguish language “having the effect of prohibiting solar panels” from language that actually and expressly prohibits them.  Ultimately, having determined that neither exception applies, the Court ruled in favor of the Farwigs and found that the restrictions, as applied to their solar application, were invalid under 22B-20(b). 

This is an important decision for many of our association clients as it indicates a very narrow reading of the statute regarding solar panels. When making a decision regarding solar panels and the location thereof in the community, it will be important for Association’s to review the relevant Declaration provisions, likely with the assistance of counsel, to determine if one of the exceptions to the statute applies. 

If your Declaration contains an express prohibition that is consistent with the language of subsection (d), you should still be able to deny solar installations based on that express restriction. If you do not already have an express prohibition in place, however, there is no one-size-fits-all answer and we recommend that you consult your association’s attorney to discuss potential strategies in light of the Belmont decision. 

If you have any questions about this decision or other community association matters please reach out to one of our community association attorneys.

Source and Credits:

Sellers, Ayers, Dortch & Lyons, PA

704-377-5050

www.sellersayers.com

HOA and Condo Manager Association Management Group (AMG) Builds Hope for Triad Area Pediatric Cancer Patient

GREENSBORO, N.C. (PRWEB) JUNE 08, 2022

Volunteers from Association Management Group (AMG), one of the Carolinas’ largest professional homeowner association managers representing more than 30,000 property owners, constructed a custom backyard playset on June 3 for six-year-old Jenifer Maria Sanchez of Winston-Salem, a pediatric cancer patient in treatment for leukemia. Sanchez is the recipient of the free playset thanks to AMG and Roc Solid Foundation (RSF), a Virginia-based nonprofit that works with hospitals, organizations, and volunteers to Play It Forward and build hope for children and families fighting pediatric cancer. The team of twenty-five AMG staff worked from 9:00 a.m. till 1:00 p.m. on Friday with tools, instruction, and guidance from an RSF project leader to create the playscape, which featured swings, a tree house, a slide, and a climbing area. “Thank you so much, volunteers, for this hard labor and for helping us create happy memories, even when our world is upside-down. Jenifer appreciates everyone taking time out of their lives to build her playset in her own yard. This is something Jenifer needs in her life right now. Our hearts are so full with love for this organization,” said mother Jenifer Ocampo.

It takes a team effort to restore hope to young cancer patients, according to Ashley Martin, Roc Solid Foundation Director of Marketing. “AMG's support not only allows us to make a big impact on a family during an extremely difficult time in their lives, but it also shows that family they are not alone on the journey of fighting pediatric cancer. Seeing the community surround them with support provides a feeling of hope that will stay with them far beyond build day.” Winston Salem Mayor Alan Joines participated in the dedication of the new playset. “It’s great to see organizations like AMG go beyond good corporate citizenship," he said. "For this family and so many others, they are good neighbors making a difference in our communities."

Though it was a long morning of measuring and lifting, drilling and hammering in the warm June sunshine, the expression on Jenifer’s face when she saw the new playscape, complete with signed best wishes from each member of the AMG construction team, made all the effort worthwhile, said Paul Mengert, AMG founder and CEO. “AMG specializes in supporting communities. In the business of managing community associations (HOAs) and condominiums, helping one’s neighbor is an important–and inspiring–responsibility. We have a decades-old culture of giving back to the Triad community, with both money and volunteer hours. It’s gratifying to do our part to help restore fun and play to the life of a little girl experiencing cancer.” AMG President Dacy Cavicchia agreed. “For us, this was a team-building exercise in caring for our community, something we enjoy and believe in. According to Roc Solid foundation, sixteen thousand US children are diagnosed with cancer each year. Of course, treatment is critical, but so is having a happy, normal life. It feels good to be a part of providing this family with a wonderful playspace they can enjoy for years.” AMG hopes to participate in another Roc Solid playset project soon with its Charlotte, NC team.

For details on Roc Solid Foundation or to learn how you can Play It Forward for pediatric cancer patients, visit: https://rocsolidfoundation.org/

To learn about AMG, visit: AMGworld.com/.

About AMG: AMG is a professional community association management company dedicated to building effective community associations. AMG guides and assists executive boards to help protect the association's interests, enhance the lives of community members and improve the property values in the community. With offices throughout the Carolinas in Greensboro, Winston-Salem, Charlotte and Raleigh, NC, and Greenville and Aiken, SC, AMG is a knowledgeable partner in enforcing community governing documents with a proven set of processes and techniques, and supporting communities with a broad range of services which can be tailored to individual community needs. Association Management Group, Inc. is a locally Accredited Business by the BBB and is a nationally Accredited Association Management Company (AAMC) by the Community Associations Institute. For more about AMG, visit AMGworld.com/.