Home's solar device spurs battle with HOA

[one...two...tree 2,762]

Edythe Jensen

The Arizona Republic

A solar swimming pool heater and pending state legislation are fueling a battle between Chandler resident Matt Burdick and his Lantana Ranch homeowners association.

Burdick, a state employee who is well known as a spokesman for the Arizona Department of Transportation, is fighting to save his family's $5,000 investment in the solar device that his HOA management company says violates the subdivision's deed restrictions. He's also counting on state lawmakers to put more limits on associations' power over solar devices.

Burdick said he installed the pool and heater last September so his children could swim year-round while he conserved energy. But he has gotten two violation notices since last month, fines totaling $300 and an order to pay his HOA's $472 legal bill.

He thought state law exempted solar devices from HOA restrictions and that's why Burdick said he failed to seek permission before he installed his. The law does prohibit associations from banning solar devices, but loopholes became apparent when Burdick's violation notices started arriving last month.

Now his best hope for relief is House Bill 2593, which closes some of those loopholes and would be retroactive. The bill has passed the house and will be heard by the Senate Committee on Government Thursday.

What Burdick said he didn't know last year was that the current law allows HOAs to regulate appearance and placement of solar devices. In his case that includes architectural approval and a requirement that the black solar heater must match his light brown roof - a color change that would render the device ineffective.

The management company hasn't been receptive to reconsideration, mediation or compromise, Burdick said, and property manager Joseph Latkowski declined comment. In a letter to Burdick and his wife, Lantana Ranch HOA attorney Charles Maxwell wrote, "Had you exerted such energy in the application process, you would not be in the position you find yourselves."

Rep. Chad Campbell, D-Phoenix, sponsored the bill that says HOAs can have reasonable restrictions on placement of solar devices provided the restrictions do not impair the function, unreasonably restrict the use, or adversely affect the cost or efficiency of the device.

It provides for attorneys fees for a homeowner who files an action against the homeowners association, a key factor for residents who fear large legal bills if they take on a fight, Campbell said.

"I am surprised how much attention the bill is getting," he said.

When it passed the House this month, Campbell said, "I got 20-plus e-mails from people supporting of it. It was overwhelming. It shows HOAs are near and dear to peoples' hearts."

For Burdick, the experience could be costly if he has to remove the device and pay the fines and legal fees.

"I'm expecting we will probably go to litigation," he said.

[GaryC 7]

Home Owners Associations suck.

[one...two...tree 2,762]

Home Owners Associations suck.

I'm in agreement with you there, Gary. IMO, the purpose of HOA's should be to support the overall well being of the community of homes it serves, but they've become overbearing with rules and regulations that focus on uniformity under the assumption that any deviation will reduce the value of the homes.

Back in 1999, when I bought a house, I looked into getting a satelite dish. For awhile, some HOA's were forbidding any homes from having a visible satelite dish on their roof until legislation was passed (thanks to the lobbying of the satelite co's) that gave individual homeowners the right to place a dish on their roof.

[Otto 83]

(I just moved from Chandler)

I remember this case and this HOA - same HOA that filed against a home owner who had an American flag on a pole in his yard which I believe was allowed, but the flag was 'too big.'

Lovely eh?

[one...two...tree 2,762]

(I just moved from Chandler)

I remember this case and this HOA - same HOA that filed against a home owner who had an American flag on a pole in his yard which I believe was allowed, but the flag was 'too big.'

Lovely eh?

I understand what they're trying to do, but the enforcement of such rules are too punitive - there seems to be no reasonable arbitration which would keep a checks and balances against the HOA.

[Trumplestiltskin 5,791]

(I just moved from Chandler)

I remember this case and this HOA - same HOA that filed against a home owner who had an American flag on a pole in his yard which I believe was allowed, but the flag was 'too big.'

Lovely eh?

Didn't that happen recently with Donald Trump?

In his case, the issue was over a 50 foot flagpole that violated planning restrictions. I could kind of see their point there...

[Otto 83]

(I just moved from Chandler)

I remember this case and this HOA - same HOA that filed against a home owner who had an American flag on a pole in his yard which I believe was allowed, but the flag was 'too big.'

Lovely eh?

Didn't that happen recently with Donald Trump?

In his case, the issue was over a 50 foot flagpole that violated planning restrictions. I could kind of see their point there...

I'm not familiar the the Trump's issues...but this guys flag was not huge.. if you'd have seen it, you would have thought the HOA was being ridiculous... The flag thing seems to come up a lot..

If HOA's aren't careful - their 'power' will be legislated away...

A recent case in Texas (I believe) against HOAs that have restrictions against parking at the curbside was ruled.. Was argued the street is a public place... Owners:1 HOA:0

Edited March 29, 2007 by Karin und Otto

[rclouse 0]

I'd like to see what this heater looks like.

I agree, Gary, HOAs suck. This friend of mine had eucalyptus trees throughout the development, and he had something like 35 trees on his property alone. Well, the roots from one tree got into the sewer line, so he was going to have it removed. The HOA said no, move the sewer line instead! He was soooo pissed. But it has a happy ending, the tree died. If someone had investigated they might have discovered it had been poisoned, but the official story is the sewage killed it.

[Niels Bohr 72]

What's Home Owners Association? Can somebody provide me some information.

Edited March 29, 2007 by consolemaster

[Otto 83]

From Article

[Hilarious Clinton 452]

When I was Living in Boulder County Colorado (town of Superior) my neighbor got a notice (leading to a fine) for not having the grass green enough. WE LIVED IN A DESERT YOU CHOPFUCKS!! There was constant drought. Boulder Colorado was full of hypocritical rich liberals and trust fund babies.

[Ban Hammer 13,337]

i despise hoa. it gives someone with a small ego the chance to be a Gauleiter.