Tag: Architectural Review

Court Invalidates Association’s Solar Panel Ban

As interest in renewable energy grows, the proper approach to owners’ desire to install solar panels is still unsettled in many community associations. “It’s not something to put your head in the sand about,” says Harmony Taylor, a community association attorney with the North Carolina firm Black Slaughter Black, PA. In one recent case with…

What Can Your Association Do When Owners Build Structures That Violate Covenants?

When owners go ahead with new construction that’s prohibited by restrictive covenants, it can leave association boards at a loss. Often, they’re skeptical that a court will go as far as to order the destruction of an offending structure. But a recent case out of Michigan proves otherwise, and our experts say it’s happening in…

Court OKs Demolition of Construction That Violated Covenants

When owners go ahead with new construction that’s prohibited by restrictive covenants, boards can be at a loss. Often, they’re skeptical that a court will order the destruction of an offending structure. A recent case out of Michigan proves otherwise (Sgriccia v. Walsh). Deconstructing the Case “Lately, there seemingly is a whole undercurrent of people…

State Laws Force Associations To Get Onboard With Renewables

States across the country are passing legislation that forbids community associations from banning residential solar panels and charging stations for electric vehicles (EVs) in most circumstances. What do so-called solar access and right-to-charge laws mean for your clients? We talked to some experts in states that have such laws in place to find out. When…

States Limit Associations’ Ability to Restrict Renewable Energy

States across the country are passing legislation that forbids community associations from banning residential solar panels and charging stations for electric vehicles (EVs) in most circumstances. What do so-called solar access and right-to-charge laws mean for your clients? We talked to some experts in states that have such laws in place to find out. Solar…

Are You Stuck With Docks Forever?

In 2020, the Michigan Court of Appeals issued an alarming ruling for associations in a case involving oral approval for the installation of docks. But now, the state’s highest court has weighed in on the case with a much more favorable ruling. The lawsuit was filed by some owners in a lakefront association. Under the…

Court Says HOA Can Revoke Dock Approvals

In 2020, the Michigan Court of Appeals issued an alarming ruling for associations in a case involving oral approval for the installation of docks. Now the state’s highest court has weighed in on the case with a ruling much more favorable for associations (Haan v. Lake Doster Lake Ass’n). A Scare from the Court of…

Solar Power in Community Associations: What Can — and Can’t — Associations Do About Owners’ Solar Projects?

Polling shows more people than ever are concerned about climate change — and people have always been concerned about their bottom lines. Whether driven by environmental concerns, financial considerations, or both, owner interest in solar power is on the rise in many communities. And, while neighbors may have aesthetic and other objections, state laws might…

Time to Review the ARC Rules?

This week we take a look at a recent court case that provides a warning of how architectural review slipups might land an association in court. The Architectural Review Committee (ARC) has a lot of power in a community association, which can lead to disputes with owners. Fortunately, there are steps you can take to…

New Case Teaches Important Architectural Review Lessons

The Architectural Review Committee (ARC) has a lot of power in a community association, which can lead to disputes with owners. One such recent case provides a warning of how architectural review slipups might land an association in court. Fortunately, you can take some steps to reduce the odds of this. Good Fences Make Mad…