Austin homeowner denied solar panels

AUSTIN (KXAN) - Sunset Valley homeowners Terry and Cheryl Poulos have embraced green technology. Or at least, they're trying to.

But their homeowners association, tasked with enforcing codes to help keep the property values up, has cast a shadow on their attempt to be powered entirely by the sun.

The couple have already installed solar panels from Austin-based Meridian on the back of their home. The house is almost completely powered by the sun, now, and have saved more $300 on electric bills since they installed the system in July 2008.

 "The good thing is you can put your money in the stock market or bond market and lose it," Terry Poulos said. "Or, you can invest it in your home."

But when they wanted to go completely solar and add more panels on the front of their home, their homeowners association told them no.

"The problem is the homeowners association doesn't allow you to have solar panels that can be seen from the street," Terry Poulos said.

But the decision wasn't only based on aesthetics, according to the letter of denial from the association to the Poulos family. The second reason was punitive.

When a private company installed the first set of panels on the back of the house, they didn't fill out the proper paperwork the HOA demands that homeowners do before making alterations to the outside of their homes.

So because that was overlooked the first time around, the letter says, the Poulos don't get to put up any more.

The company that enforces codes for various associations around Austin says it encourages board members to be flexible when it comes to solar panels.

Particularly because many associations don't even have hard-and-fast rules on the issue, since most of the restrictions were written before new technology like satellite dishes and solar panels were invented.

"Solar panels and solar energy devices are a relatively new concern for homeowners associations," said Greg Boling, president of Alliance Association Management, which enforces codes and deed restrictions for HOAs across Austin, including the Poulos' neighborhood. "A lot of deed restrictions don't even address how those should be managed."

Alliance says many of the cases are looked at on a case-by-case basis. Often homeowners have to appeal to architectual control committees.

"Probably the most important thing a homeowner can do is to communicate with the architectural control committee in their community to make sure what they're planning to do with solar panels, solar energy is in compliance with deeds," said Boling.

There is legislation at the state level tackling this issue. Senate Bill 236 would restrict homeowners associations regulations on solar panels.