First of all, most of these deed restricted communities follow the legal playbook boilerplate documents that can be found on NCCounty's website. Most of the lawyers that worked with the developers in creating these common ground maintenance corporations over the last 20 years used the same legal document with perhaps a few tweaks depending on the layout of the development itself.

Bottom line, is that the boilerplate document used allows for a majority vote change to the agreement. HOWEVER, what you will find is that homeowners do NOT generally attend their annual maintenance corporation meetings in numbers sufficient enough to ALTER the governing documents for the maintenance corporation. The only way to EXECUTE a change to these documents to ALLOW for modifications supporting solar panels is for the board to go DOOR TO DOOR in collecting enough signatures to amend the base agreements. TRUST ME, as probably one of the only communities in NCCounty that had to do this, it is not an easy process and requires a board dedicated to the underlying principle.

Regardless of the Federal and State Law, it is my opinion that these private covenants between private property homeowners override any laws that ALLOW homeowners to do this unless the language in the government-passed law states that the law supercedes any maintenance or service corporation laws for entities that are classified as Homeowner Maintenance Corporations subject to filing 1120-H's annually.

The real question, in my estimation, is why Delaware and the Home Builders Associations can't get together and mandate that new homes in new developments must include some form of alternative power such as wind or solar. Economies of scale suggest that adding solar as standard to roofs in new developments, financed through the original 30 or 15 year mortgages, would bring the cost per unit down (mass-purchasing of solar/wind and mass installation of these systems in a finite geographic area should provide reductions in costs in an assembly-like approach to building these out).

Ugly or not, I'd be pleased to install solar panels to reduce dependence on the grid if the cost wasn't prohibitive. My neighbor isn't going to prevent me from making the right decision regarding energy choices for the sake of aesthetics. Further, HOA's and private communities need to get off their high horses and change their policy preventing homeowners from hanging out their laundry to dry. And, as things worsen and families have to tighten their belts yet another notch, the county is going to have to face reality and change the code to allow the keeping of laying hens in our own yards. Current code restrictions dictate unless one has a full acre, we're not permitted to keep domestic animals for food. Let's have a door-to-door concensus on all of these issues and let majority rule.

I understand that in the near future, solar shingles will be available that look like shingles instead of the unsightly panels. This would seem to me to be the perfect answer.

People did vote - when they purchased their house they had access to the deed restriction information and by purchasing the home with the restrictions in place in effect agreed to them.

Deed restrictions should be outlawed totally. Once someone owns the property, it should be his or her right to do with it as they please, as long as it is not creating a hazard or nuisance. These restrictions were just a ploy originally orchestrated by the development cartel to prop prices up artificially.

Solar shingles, as currently developed, do not produce the same amount of electricity per unit cost as the solar tubes and flat plate solar units do. Most people are more concerned with energy production and cost savings over time than aesthetics. They voted for Change and that is what is about to overtake us in all phases of American life. Get on board or get overwhelmed. Solar, wind and geothermal are the wave of the future until the Japanese perfect the hydrogen power they are now using in many Japanese communities. Once that system is truly cost effective, that will be most likely the source of electricity, heat, water heating, and auto power of the future. Provides clean fuel, produces only water as a by-product. Unit in home garage can provide power and heat and fuel for auto. What's not to like?

Unbelievable! Guess people need to whine about something. I dare anyone to try to have me remove my panels. I think they're a thing of beauty. I would much rather see a restriction on gas guzzling SUV's in my neighbor's driveway.

The state of Delaware will pay for half of my initial solar investment. The energy companies that supply electricity to everybody in the state will pay me for the energy my panels put back into the system. The Federal government will provide tax incentives and encourage all of us to seek alternative energy sources and less dependancy on fossil fuels.

BUT.....some idiot neighbor who can't even bother to cut his/her own grass once a week, or pick up the litter laying in his/her front yard can prevent me from installing solar panels on MY house?????? His/her dog can crap in my yard, but I can't have free electricity? His/her rust-bucket car and stupid noisy teenage dependents can infect the general atmosphere of the area yet I can't help supply clean energy to others in the area?????

What kind of namby-pamby idiocy is that?

I want to see a court challenge to HOA Deed Restrictions when it concerns solar panels and alternative energy.

I live in a deed restircted community but there is nothing in the deed restrictions that prohibit solar panels, so I am assuming I do not need to get approval from the maintenance corporation? Am I making a correct assumption?

It is always best to check with your developments maintenance board/committie before making exterior changes in a deed restricted community. The language in the deed restriction may not say "solar pannels" but all exteripor changes may need to be reviewed and that would include solar pannels.

Hmm that is really stupid. I use solar vacuum tubes and I have build them on my roof without any problems. I have them there for two years now and still no problems with local community.

They won't let me put solar panels on my home but they can't stop me from putting two very large wind turbines right on my roof. Oh ya, they are on order and will be installed very soon. They will be seen by everyone traveling down Rt13 in Camden Delaware. I'm sure the neighborhood would rather me install solar once these are up but as for right now they aren't willing to change the laws or deed restrictions so the turbines will have to do. they are 13'x13' VAWT. You won't miss them. I'll have the last laugh..