Rules For Installation And Maintenance Of Solar Energy Systems
Rules For Installation And Maintenance Of Solar Energy Systems
I. Adoption
These Rules for Installation and Maintenance of Solar Energy Systems are adopted by the Board of Directors of the Ballena Bay Townhouse Association on and are effective as of August 21st, 2012
II. Statement of Purpose and Definitions
Pursuant to Section 3.6 of the Declaration of Covenants, Conditions and Restrictions of the Ballena Bay Townhouse Association (hereafter, “CC&Rs”), the Board of Directors has adopted the following rules, restrictions and regulations (hereinafter “Rules”) for the Association which shall be binding upon the Association Members/Owners of separate interests within the Association and their families, grantees, lessees, tenants, occupants, successors, heirs and assigns. The purpose of these Rules is to provide guidance to Owners who wish to install Solar Energy Systems, as defined in Part III, Rule No. 1 below. The Rules are intended to conform to state and federal law and the CC&Rs. If a vendor provides you with information that is inconsistent with these Rules, please contact the Association Manager. It is the goal of the Association to allow members to enjoy the benefit of solar energy while continuing to embrace and maintain the aesthetic beauty and value of our community and to provide reasonable protection of persons and property relating to installation and use of such systems. These rules supersede any and all previously adopted rules, regulations or restrictions pertaining to Solar Energy Systems. Effective as of the date indicated above, they are part of the governing documents for this Association and may be enforced in the same manner as any other governing document.
III. Definitions
1. As used in these Rules, a “Solar Energy System” means: (i) any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating, space cooling, electric generation or water heating; or (ii) any structural design feature of a building whose primary purpose is to provide for the collection, storage and distribution of solar energy for electricity generation, space heating or cooling or for water heating.
2. The terms “Board”, “Common Area”, “Lot”, “Project” and “Residence” have the same definition as in the Covenants, Conditions and Restrictions (CC&Rs) for the Association. The term “Owner(s)” as used in these Rules includes the Lot owner and his or her family, grantees, lessees, tenants, residents, heirs and assigns.
IV. General Installation Requirements
1. No portion of a Solar Energy System may be installed within the Common Area (including air space) without the written consent of the Board.
2. No portion of a Solar Energy System may be installed on the Lot of another Owner (including air space) without the written consent of the Board and the other Owner.
3. No portion of a Solar Energy System may be installed in the unenclosed portion of a Lot unless it can be shown that installation within any other portion of the Lot would increase the cost of the Solar Energy System by more than twenty percent (20%) for a solar domestic water heating system or $2,000 for a photovoltaic system or decrease the efficiency of the system by more than twenty percent (20%).
4. Solar Energy Systems shall be located in an area shielded from view from outside the Project, the Common Area or from other Lots and Residences within the Project to the maximum extent possible, so long as such placement does not result in a increase in the cost for the Solar Energy System of more than twenty percent (20%) for a domestic water system or more that two thousand dollars ($2,000) for a photovoltaic system, or reduce the efficiency of the system by more than twenty percent (20%).
5. A Solar Energy System’s visible ancillary components such as conduits, plumbing and supports shall be painted to match the exterior of adjacent structures, unless such painting would void a manufacturer’s warranty, result in an increase of more than twenty percent (20%) for the cost of a domestic water system or more than two thousand dollars ($2,000) for a photovoltaic system or reduce the efficiency of the system by more than twenty percent (20%).
6. All installations of Solar Energy Systems shall be completed so as not to materially harm or damage the Association’s common elements, or any other individual Residence or Lot; void any warranties held by the Association or other Owners and/or impair the integrity of a building or structure.
7. All portions of a Solar Energy System shall be secured in a manner which does not jeopardize the safety or soundness of any structure and/or the safety of any person within the Project.
8. There shall be no penetrations into building structures, including but not limited to walls and roofs unless it is absolutely necessary for the operation of the system and/or to avoid an unreasonable increase (more than twenty percent (20%) or $2000 for photovoltaic systems) in the cost of the installation. Any penetrations for wiring or piping for a Solar Energy System shall be properly sealed and waterproofed in accordance with industry standards and building codes in order to prevent moisture penetration and resulting structural damage. The Lot Owner shall be responsible for any damage to building elements caused by such penetrations, even if the Association has primary maintenance responsibility for such elements under the Association’s governing documents.
V. Installations by Commercial Installers
1. Prior to installation, any installer (other than an Owner installing that Owner’s own system), shall have insurance coverage that meets the following minimums: (i) Workers’ Compensation with minimum coverage required by California law; and (ii) Contractor’s General Liability (including completed operations) with policy limits of at least $500,000.00.
2. In order to insure that the Owner and the Association are protected, the Association encourages all Owners to require that the installer provide copies of certificates of insurance for the above policies which name the Owner and the Association as additional insureds.
VI. Safety
1. Solar Energy Systems shall be installed and secured in compliance with manufacturer’s instructions and all city, state and federal ordinances, regulations and laws.
2. A Solar Energy System for heating water shall be certified as to all system components and the installation thereof by the Solar rating Certification Corporation or other nationally recognized certification agency.
3. A Solar Energy System for producing electricity shall also meet all applicable safety and performance standards established by the National Electrical Code, the institute of Electrical and Electronic Engineers and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
4. Solar Energy Systems shall not obstruct access to or from any Lot, walkway, ingress or egress into any area of the Project in order to ensure the safety of individuals and allow safe access to the Association’s physical plant.
5. In approving the installation of any Solar Energy System, the Board is entitled to rely upon the representation of the Owner or his or her contractor that the system fully complies with the safety criteria set forth in this Part VI. Should the Board later determine that the equipment is not in conformance with such criteria, the Board may require the Owner to remove the Solar Energy System or modify it so that it is in compliance.
VII. Maintenance
1. Owners who install or maintain Solar Energy Systems are solely responsible for all associated costs, including but not limited to: replacement, repair, maintenance, moving and/or removal of the Solar Energy System or any of its components; repair and/or replacement of any property damaged by the installation, maintenance and/or use of the Solar Energy System; payment of any medical expenses incurred by persons injured by the installation, maintenance and/or use of the Solar Energy System; and/or restoration of Solar Energy System sites to their original condition after removal.
2. Owners shall not permit their Solar Energy Systems to become a hazard or fall into disrepair. Owners shall be responsible for correction of any safety hazards and Solar Energy System repair and/or replacement. Owners are responsible for the repainting or replacement of the visible ancillary components of the Solar Energy System, such as conduits, plumbing and supports, if deterioration occurs.
3. Owners shall be responsible for any increased costs incurred by the Association in maintaining or repairing the Common Area or those portions of a Lot which the Association is responsible under the Governing Documents for maintaining or repairing which are caused by the presence of a Solar Energy System on the Lot.
4. If it is necessary to temporarily remove a Solar Energy System or some of its components so that the Association may perform required maintenance or repairs to the adjacent Common Area or those portions of a Lot which the Association is responsible under the Governing Documents for maintaining or repairing, the Lot Owner shall be responsible, at his or her sole expense, for removing the Solar Energy System or affected component and reinstalling it after the maintenance or repair is completed. If the Lot Owner fails to remove a Solar Energy System or a system component when requested to do so by the Association to permit necessary maintenance or repairs, the Association may remove the system or component and charge the cost of such removal to the Lot Owner. So long as reasonable care is used in removing and reinstalling the Solar Energy System or any component thereof, the Association shall not be responsible for any damage caused to the system or component by such removal or reinstallation.
VIII. Application Process
1. Any Owner desiring to install a Solar Energy System shall complete an application form and submit it to the Association c/o the office of the property manager. The Owner shall not proceed with installation of the Solar Energy System until the application has been approved by the Board. A standardized application form may be provided by the Board, and Owners may be required to use the form in applying for permission to install a Solar Energy System. In considering the application for approval of a Solar Energy System, the Board shall follow the same procedure as for other requested architectural changes under Article XI of the CC&Rs. Subject to Rule No. 2 below, the Board shall approve any application for installation of a proposed Solar Energy System if such a system conforms to the requirements of these Rules.
2. The Board may require the use of a different Solar Energy System from the one which was the subject of an Owner’s request if the alternative system is comparable in performance and cost to the system the owner proposed to install.
3. As part of the application process, the Association may require an owner to execute a written agreement indemnifying and holding the Association, its officers, directors, members and manager harmless from any claim or causes of action for damages caused in whole or in part by the installation of the Solar Energy System.
IX. Removal
Removal of a Solar Energy System requires the restoration of the installation location to its original condition. In particular, any penetration patch(es) must be completely sealed with a paintable sealant. As with other types of installations within the Project, Owners shall be responsible for all costs relating to the restoration of the installation location.