Solar panel glare too much for neighbor
Q: My question concerns the placement of solar panels within a homeowners association community. The neighbors directly behind me had solar panels installed, and because of the way our lots are situated, the panels are about 30 feet from our property and installed at, what is for us, ground level. To sit outside, we have to use an umbrella to block the glare.
They are a nuisance and can be seen from every window at the back of my home. It has affected the enjoyment of my property, not to mention my property value, and is a possible health concern. When I issued a complaint to my HOA, the board stated they were unable to provide any guidelines for solar panel installation because of Nevada Revised Statutes 111.239.
I find it hard to believe that I have to live like this to allow my neighbors to have their solar panels. I also do not believe the HOA fulfilled their responsibility to protect our rights. I would appreciate any input you can provide on this issue.
A: NRS 116 does not address solar issues. Solar laws can be found in NRS 111.239, NRS 111.2395 and NRS 278.0208. Disregarding the current controversy over solar energy and net metering, these laws of solar and wind energy are part of our public policy for the conservation of our resources. The laws states:
“Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of the property from using a system for obtaining solar energy on his or her property is void and unenforceable.
2. For the purposes of this section, the following shall be deemed to be unreasonable restrictions:
(a) The placing of a restriction or requirement on the use of a system for obtaining solar energy which decreases the efficiency or performance of the system by more than 10 percent of the amount that was originally specified for the system, as determined by the Director of the Office of Energy, and which does not allow for the use of an alternative system at a substantially comparable cost and with substantially comparable efficiency and performance.
(b) The prohibition of a system for obtaining solar energy that uses components painted with black solar glazing.
Many associations do not have specific guidelines pertaining to solar energy. Many boards and management companies are under the impression that few restrictions, if any, can be imposed. Association boards and their management companies should contact the Director of the Office of Energy to find out what procedures are in place whereby an association could request a review of a proposed solar system by the Office of Energy that has been submitted to the association for architectural consideration.
You should contact the Director of the Office of Energy and ask a representative to look at the neighbor’s solar system. Perhaps, the representative could provide specific recommendations on how the system could be modified by the homeowner to decrease the interference of the solar glare. That would at least be a starting point in resolving the problem.
Assuming the existing system could be modified, you would then need to contact the association and provide that information to the board for consideration to instruct the homeowner to make the adjustments. Also, you could contact Neighborhood Justice Center and seek their assistance to mediate with the neighbor.
Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.
