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NC court rules against Raleigh HOA, making it easier for people to install solar panels

The North Carolina State Supreme Court in June ruled against a Raleigh homeowner's association several years after a couple installed solar panels on their home.

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RALEIGH, N.C.The North Carolina State Supreme Court in June ruled against a Raleigh homeowner's association several years after a family installed solar panels on their home.
Energy News Network reports the move could make it easier for homeowners across the state with HOAs to install energy-saving panels on their roofs.
According to court documents dated June 17, 2022, the defendants spent over $32,000 in 2018 when they installed solar panels on the roof of their house, located in Raleigh's Belmont community near Interstate 440 and U.S. Route 401.

Five months after the install, the couple received a notice of architectural violation from their HOA and was asked to submit an architectural request form.

The application was denied in September, with Belmont citing “aesthetic” problems as the reason. The HOA told the couple they could reinstall the panels on a different part of their roof, but the couple refused based on the effectiveness of the panels in their current spot.

As a result, the community demanded the couple remove their solar panels by December of the same year.

When the family did not respond, a hearing was held in January.

After years of debate, Energy News Network reports the court ruled HOAs and other organizations must explicitly state in community guidelines whether solar panels are permitted. According to court documents, Belmont's restrictions did not.

“The use of residential solar panels was not specifically mentioned anywhere in the declaration," the document reads. "The declaration does not expressly prohibit the installation of solar panels ... this there is no restriction set forth in the declaration that prohibits or would have the effect of prohibiting the installation of solar panels."

As Energy News Network explains, the ruling reduces the chances a homeowner's request to install solar panels will be denied.

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