Could this become an issue that the US Supreme Court could hear?
April 2012 article in the Atlanta Journal Constitution raised questions about a installation of solar panels v. HOA authority over their installation – what do U think?
According to Georgia laws, it appears if HOAs don’t make official changes in their HOA CCRs before 2013 prohibiting the installation of solar panels, then they can’t object other than to limit visibility of the panel to roofs or fenced in patios in back yard.
When you buy home in a subdivision governed by an HOA, most HOA CCRs (Conditions, Covenants, and Restrictions of ownership) state if any changes are to be made to the exterior of the house or property, as visible from the street, the change must first be approved by the HOA Architectural Control Committee before work is performed. Home buyer sign such an agreement at closing that they will comply with the HOA CCRs already passed and those in future that are passed.
Government offers a tax break, but will your HOA allow you to install them? Apparently, there may be a 30% Federal Income Tax deduction for installation costs (including panel costs).
Source: Solar Power Standoff (AJC page B8, 4-29-2012)