Solar Power and Georgia HOAs   2 comments

Jackson EMC has a great new program geared to encouraging homeowners to install solar power to serve their homes. The “Right Choice Sun Power Rebate Program” is a great idea for homeowners that want to install solar powered water heaters or generate electricity using photovoltaic cells. The program helps homeowners to take advantage of tax credits and other financial benefits. This program is available to owners that qualify (see Jackson EMC’s website for details).

However, if you live in a neighborhood that has deed restrictions/a set of “covenants, conditions, and restrictions” or is governed by a homeowners association, be aware that you may need to do a little checking to make sure that those deed restrctions will permit the installation and maintenance of solar power cells. Many deed restrictions expressly prohibit solar power devices. Even if you are not considering participating in Jackson EMC’s Right Choice program, but you are considering putting in solar power cells or a solar power water heater and you live in a subdivision with deed restrctions, be aware that this issue will be one you will likely have to deal with at some point.

Jackson EMC’s own page describing the Right Choice program also suggests looking into whether there are controls and states:

Is the property free from deed restrictions on solar energy systems? Check with your homeowners association. If there are restrictions, you may be able to pursue an architectural review with your neighborhood association to amend the restrictions.

If you need assistance in this matter, it helps to discuss the situation with an experienced community association attorney who can guide you through the existing controls on your property (or if you are on the board of directors of a homeowners’ association, the controls that you administer) and the most efficient way to deal with them.


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