Solar Approval Considerations

Currently, Georgia does not have a “solar rights” law that gives individuals the right to access solar power through any means available regardless of HOA covenant or restrictions.  Until revised, Georgia law maintains that private citizens are free to choose and establish self-regulated community standards, requirements and restrictions to which they may freely obligate themselves to when they purchase properties governed by such covenants.   In fact, this ideology is codified in specific  legislation known as  Georgia’s Property Owner’s Act in the Official Code of Georgia Annotated (OCGA) section 44-3-220 through 44-3-235.  This law and its precepts along with covenants are foundational to the development of policies and enforcement of such for every facet of The Overlook Architectural Control Committee in The Overlook including these latest standards for solar power equipment installation in The Overlook  

 Overlook  property owners have the right to access solar power provided that access reasonably protects both the immediate neighbors and the community at large from an aesthetically unattractive installation, EMI/RF interference and other factors that can significantly affect property values.    These standards attempt to maintain a reasonable balance between the desire to harvest solar power and the overall quality of every homeowner’s environment in The Overlook.

Three primary areas owners should be aware of with solar panels are: (1) Aesthetics (2)EMI/RF interference (3) Property valuations.    Here’s what the Architectural Control Committee considers during the approval process:

• Aesthetics: Place restrictions on location, design and location of installation to minimize the visual assault and conflict solar arrays can generate  with regard to the overall vision the covenants seek to establish.  Property orientation drives the design and location of every solar array and will likely  generate varying degrees of  incompatibility with the overall neighborhood environment.
• EMI/RF interference: Because ALL electronic devices create electromagnetic radiation,  EMI/RF Link/
  and the FCC exempts solar panel equipment from maximum EMI levels for electrical devices installed in an around homes for all other electrical equipment, require owners to be informed on the potential effects an array may have on wireless networks, AM radio reception, TV signal reception, remote controlled devices etc. Because such interference can be a maddeningly aggravating problem, formally adopt liability acceptance from owners in the event such interference originates from the installed system.
• Property Valuations: Interference free, unobtrusive solar panels can improve property value unless:
  1. a) Roof mounted systems installed over old shingles. Arrays are designed to last about 25 years.  Labor to install an array ranges from @$5-$12K.   NEW Shingles last about 20 years.  Inform owners the of the financial pitfall of placing solar arrays on older roofing. While aligning roof and array installations is ideal, its not always economical.  However,  banks, buyers and insurance can provide reality checks on such decisions in the form of property valuations and is thoughtfully considered by the ACC since old roof with a new solar array has been proven to devalue single family dwellings.
  2. Leased or Purchase:v  While cheaper (initially) on a monthly payment basis, a leased system reduces property value and has a negative effect on resale/property value.   Purchasing provides better value.