HOA Threatens to Seize Family’s Home Over Solar Panel Installation: How They Fought Back
An HOA threatened to seize a family’s home – without consent – after neighbors complained about $32,000 of improvement work. But the Farwigs refused to back down, despite being hit with a $50,000 fine, and won a four-year-long lawsuit.
Challenging the Association: Installing Solar Panels
Thomas Farwig and his wife Rana took on the Belmont Association over a dispute about the installation of solar panels in North Carolina. After a successful battle, the North Carolina Supreme Court confirmed homeowners’ rights to add the panels – setting a legal precedent.
Legal Precedent for Homeowners: Solar Panel Installation Rights
The case continues to feature across many legal websites as it means that other local homeowners can also use the decision to defend themselves. The News & Observer first reported in 2022 that it paved the way for many more households in the state to also install solar panels.
Violation: HOA Restriction Issues
The court declared that the Farwigs’ HOA-imposed restrictions were “in violation” of state rules. The justices concluded that the HOA’s rule “does have the effect of prohibiting the installation of solar panels and the reasonable use of solar panels,” and had been imposed against North Carolina’s law.
Solar Protection Law: Upholding Homeowners’ Rights
North Carolina’s General Assembly passed the Solar Access Law in 2007 to protect homeowners wishing to use low-cost renewable energy. This guaranteed homeowners’ rights to install solar panels and banned any deed restrictions or covenants that would interfere with their installation or use.
Resolving Ambiguity: Court’s Landmark Decision
It also resolved what the justices had described as an “ambiguous” law. The court’s ruling has been hailed as a significant step forward for homeowners who have been previously hamstrung by their HOA.
Positive Impact: Support for Solar Industry
The decision will reduce a significant barrier to the residential solar market in North Carolina, supporting jobs in the rooftop solar industry, and helping homeowners lower their utility bills and clean up the grid. More than 200 solar companies have directly invested more than $10 billion in North Carolina, and the industry is directly responsible for more than 6,000 jobs in the state.