Homeowners associations wouldn't have power to say no to solar under bill

Considering going solar? Beware the homeowners association.

If you live in a multi-home development, your association could conceivably put the kibosh on your plans. They could argue aesthetics, maintenance responsibilities or potential damage – or perhaps offer no reason at all.

It’s not legal for them to do that in the majority of states, but it is in Minnesota. That could change.

Sponsored by Rep. Ami Wazlawik (DFL-White Bear Township), HF257 would prohibit homeowners associations from banning solar installations on residences. It was approved, as amended, on a 10-7 party-line vote Thursday by the House Climate and Energy Finance and Policy Committee and sent to the House Judiciary Finance and Civil Law Committee. There is no Senate companion.

Rep. Ami Wazlawik

The bill has its genesis in the experience of one of Wazlawik’s constituents, Hugo resident Willie Fox.

Chasing a dream of having his electric car powered by the sun, he asked his homeowners association for permission to install solar panels on his roof. His request was rejected on the grounds that “the aesthetic may not be appealing to other residents.” He’s tried to appeal the decision, but has found the process frustrating.  

“I have pursued any and all avenues,” Fox said. “They all tell me to reach out to one or the other, as no one is able to make the decision on their own. I feel I’m getting the runaround and that won’t stop anytime soon.”

Jonathan Edmonson, an electrical engineer from Blaine, was similarly denied.

“I requested being involved in discussions and perhaps drafting regulations, but have received no response,” he said. “One in four Minnesotans lives in a neighborhood with a homeowners association, and they shouldn’t be imposing unreasonable regulations.”

Getting a response wasn’t a problem for Nancy Simmet of Eagan.

“I filled out the HOA application form, submitting it on Oct. 13, and received my rejection the next day,” she said. “I was told it needs to be ‘architecturally attractive and uniform in appearance.’ … I eventually ran for the HOA board and am now a member. … But I’m finding that solar panels aren’t the first thing on their agenda. It’s easier just to let things slide. They just don’t want to make that decision.”

“I would ask that you consider an oral amendment that the owner is directly and solely responsible for replacing a roof if damaged,” said Rep. Jeremy Munson (R-Lake Crystal).

Wazlawik did not, and also recommended against an amendment that would have prohibited homeowners associations from banning natural gas, saying it wasn’t germane to the rest of the bill. It was rejected.

The committee also approved HF70, a bill sponsored by Rep. Mike Freiberg (DFL-Golden Valley) and replaced by a DE2 amendment. It would create a revolving loan fund from which state agencies may borrow to finance energy conservation in state-owned buildings. By a 10-7 party-line vote, it was sent to the House State Government Finance and Elections Committee.

The companion, SF543, is sponsored by Sen. Nick Frentz (DFL-North Mankato) and awaits action by the Senate Energy and Utilities Finance and Policy Committee.