4 April 21 - May 4, 2007
Community
www.SanTanSun.com
HOA rains on resident’s sunny skies
by Jennifer Hesse Before spending $5,000 for the solar energy device,
A Southern Chandler resident, taking heat from his Burdick says his family considered other pool heaters
homeowners association about the solar panels he but decided they weren’t as effi cient or cost effective
installed on his roof to keep his pool warm, is hoping as the solar heaters.
proposed state legislation will help reinforce his case. “Over the long run, it was a better investment given
Matt Burdick, an Arizona Department of the fact that we live in the Valley of the Sun,” he says.
Transportation spokesman who has lived in the
Lantana Ranch subdivision since 2002, is considering Energy options compared
litigation to preserve his solar pool heating system, Solar pool heaters are cost competitive with gas and
which he installed last September to extend his heat pump heaters and can provide a payback of 1.5
family’s swim season by about four months. After to 7 years depending on local fuel costs, according to
receiving a violation notice from the Lantana Ranch the U.S. Department of Energy’s Consumer’s Guide to
HOA earlier this year, Burdick has been slapped with Energy Effi ciency and Renewable Energy.
STSN photo by Gordon Murray
a $300 fi ne and told he was responsible for the HOA’s
PANEL PREDICAMENT: Lantana Ranch homeowners association
Unlike gas and heat pump systems, which heat pool
$472 in legal fees.
wants Matt Burdick to pay a $300 fi ne and $472 in legal fees for
water using natural gas or propane and electricity
The Lantana Ranch board of directors told Burdick
installing solar panels.
respectively, solar pool heaters use the sun’s energy
he should have submitted an application to the HOA as it would prohibit HOAs from restricting the absorbed via solar collectors to heat pool water. In
architecture review committee before installing the installation or use of a solar energy device. HOAs hot climates, solar panels can be used to cool a pool
solar panels, stating he would have been declined and would be allowed to adopt reasonable rules about the in the summer by circulating water through collectors
saved money had he gone through them fi rst. Lantana device’s placement as long as the rules don’t affect at night.
Ranch property manager Joseph Latkowski did not its function, cost or effi ciency. The bill would be Though solar pool heaters cost more upfront, they
return calls requesting an interview. retroactive and would award attorney fees to anyone have low annual operating costs and usually last
Burdick says he installed the solar panels without who prevails in an action against an HOA. longer than gas and heat pump heaters.
initially consulting with the HOA because he knew The bill, sponsored by Rep. Chad Campbell, D- The Department of Energy’s Consumer’s Guide
current state law declares any HOA regulation that Phoenix, passed the House and was awaiting Senate recommends that a solar collector’s surface area equal
effectively prohibits installing a solar energy device review at press time. 50 to 100 percent of the pool’s surface area and that
void and unenforceable. Now that he’s facing HOA If the legislation passes, Burdick believes it will help collectors be mounted on roofs or anywhere that
penalties, Burdick has discovered the loopholes in this prevent HOAs from imposing design guidelines that provides the proper exposure, orientation and tilt
law and is studying up on state and case law regarding limit the solar panels’ practical value. The Lantana toward the sun. To maximize the amount of solar
HOAs and solar energy devices. Ranch HOA’s design guidelines require solar panels energy received, collectors should face true south.
“We have learned about our rights under the law with a larger surface area than 8 feet by 6 feet to be Burdick says he positioned his solar panels on the
and we are prepared to fi ght for those rights under the ground mounted and installed out of public view, and western facing slope of his roof at the side of his home
law if it comes to that,” he says. that panels match the homeowner’s roof materials. with the least visibility to the community and that
Burdick says his seven 4-foot by 12-foot solar panels he asked neighbors if they had any objections to the
Reigning in unreasonable rules meet the surface area requirement, but cannot match device prior to installation.
House Bill 2593 may come to the rescue of Burdick the roof materials. The panels are only manufactured
and other homeowners coping with similar situations, in black for optimal system performance. See HOA Page 5
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