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21 comments on Congressman Roscoe Bartlett's Peak Oil Special Order Speech May 1, 2008

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mdsolar on May 6, 2008 - 7:08am Permalink | Subthread | Comments top

Over the weekend I went to a community yard sale in a development that has an Home Owners Association (HOA). I was told by one of the residents that the covenent of the HOA did not allow solar power on the homes. Since this is fairly new development, I was able to say that the covenent was not enforcible since the Maryland real property code says

ยง 2-119.

(a) A restrictive covenant regarding land use, which becomes effective after July 1, 1980, may not impose or act to impose unreasonable limitations on the installation of solar collection panels on the roof or exterior walls of improvements.

(b) This section does not apply to a restrictive covenant on historic property that is listed by:

(1) The Maryland Inventory of Historic Properties; or

(2) The Maryland Register of Historic Properties.

http://law.justia.com/maryland/codes/grp/2-119.html

I hope the conference in Maryland can do something to make people aware of this law since it will be dealing with HOA issues.

Chris

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Perpetual Energy on May 6, 2008 - 12:27pm Permalink | Subthread | Parent | Comments top

Chris, did you get my email a week ago from Standard Solar?

We haven't come across a HOA in MD yet that did not allow an array on a roof. Some require sketches prior to approval.

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mdsolar on May 6, 2008 - 2:02pm Permalink | Subthread | Parent | Comments top

I know of at least two now but the first immediately recognized that the provision was unenforcible. You may not be hearing about the ones that don't allow solar because no one makes iquiries about getting solar because it is not allowed. I learned of the two I know about by chance. The first one from a fellow Stepitup activist. It would be a worthwhile project to get information about the law into HOA newsletters around the state.

Chris

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moabite on May 6, 2008 - 7:20pm Permalink | Subthread | Parent | Comments top

Colorado recently passed a law (HB1270) that prevents HOAs from prohibiting energy saving devices, including solar panels, windmills, swamp coolers, and clotheslines. An amazing feat on the part of our legislators!

For those of you who live in humid areas, a swamp cooler is basically a high powered humidifier. They are often window mounted like a window air conditioner, and sometimes they are mounted on the roofs of houses. They are a very efficient way of cooling your house if your relative humidity is low enough. I know it is unimaginable to people in humid areas that you would want to pump moisture into your house in summer, but swamp coolers are very efficient compared to A/C, since they are basically just a small water pump and a large fan.

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urbangardener on May 7, 2008 - 7:48am Permalink | Subthread | Parent | Comments top

This section does not apply to a restrictive covenant on historic property....

Then downtown Annapolis is pretty much scr***d.

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mdsolar on May 7, 2008 - 8:33am Permalink | Subthread | Parent | Comments top

In that case, the covenents could be revised. Hard Bargain Farm, in PG county, is a National Historic Landmark and has solar power. Historic sites always need more review. Progress in restoring Chapman State Park in Charles county seems frustratingly slow because of all the review. And, sometimes all that review seems like a way to keep funds from flowing as well. But, the review does help to avoid mistakes.

Chris

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