Get answers to legal questions about real estate

the question

Can I be forced to removed solar panels from my home?

the answer

Depends. If the restrictive covenants for your development contain express prohibitions for solar panels then most likely they can. If there is not express reference to solar panels, but provisions governing what can be put on the exterior of the home then it may be less clear cut, but the still HOA likely wins.

Look for words like Architectural Control Committee in your restrictions to see what is covered. If the covenants do not allow you to have solar panels then you should abide by the covenants as you either knew or should have known that they, along with other things, were prohibited we you purchased in the development. The HOA can take you to court and obtain an injunction to force the removal of violations.

If the parties cannot agree or if the party that does not wish to sell cannot buy the others out then the ones who want to sell can go to an attorney and inquire about filing a Petition to Partition Action. On a basic level this is where a lawsuit is filed and a Judge can make determinations as to how the property and monies are allocated.

Phillip C. Price
Real Estate Closings

• Affordable • Experienced • Accessible
828-633-2374 • www.phillippricelaw.com 

Barrett W. McFatter, AssociateBarrett@phillippricelaw.com

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