Claiming that Burdick's $5,000 investment was actually in violation of the subdivision's deed agreement, he's received two violation notices since last month, fines totaling $300 and an order to pay his HOAs $472 legal bill. Burdick, a state employee and spokesman for the Arizona Department of Transportation, is ready to fight.
This whole dumb mess started out as a misunderstanding on Burdick's part. He'd assumed that state laws would make solar devices exempt from HOAs on power trips- it does not, thanks to some loopholes discovered by a jealous neighbor. Needless to say, he never sought out permission prior to the installation.
As it stands now, Burdick is hoping that House Bill 2593, which would close any loopholes, will be passed and (more importantly) become retroactive. The house passed the bill- now it's up to the Senate Committee to do the right thing on Thursday.
The loophole in question allows HOAs to regulate the appearance and placement of solar devices. God forbid the panels don't match the roof.
Note to HOA: Black goes with everything. Just ask the closest woman, gay dude or metalhead.
Property manager and local tough guy Joseph Latkowski declined to comment. Instead he had his lawyer issued the following words of encouragement to Burdick and his wife:
"Had you exerted such energy in the application process, you would not be in the position you find yourselves."
Had Mr. Latkowski not been such a douchebag, I wouldn't have had to use such a word to describe him.
On the Burdick's side is Rep. Chad Campbell D-Phoenix, a sponsor of the bill. His side, known widely as the reasonable side, says that HOAs can have reasonable restrictions on placement of solar devices provided the restrictions do not impair the function, unreasonably restrict the use, or adversely affect the cost or efficiency of the device.
So far the management company at Lantana Ranch hasn't been moved towards reconsideration, mediation or compromise.
Public response to this unfortunate event has been favorable for the Burdick family. Let's hope the fellas in the Senate Committee agree. Regardless of the outcome, Joseph Latkowski will still be a douchebag.
Solar power is pollution free during use, requires little maintenance and will reduce grid loading during times of peak demand. Why wouldn't its use be embraced and encouraged?
Sources:
Edythe Jensen, "Home's solar device spurs battle with HOA" AZcentral.com
URL: http://www.azcentral.com/community/chandler/articles/0328cr-solar0328-ON.html
Staff Writer, "Solar power" Wikipedia.com
URL: http://en.wikipedia.org/wiki/Solar_power
Published by Anthony Caroto
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8 Comments
Post a CommentWe also hate our HOA. They want everyone to be just like them. We want to put in a solar hot water system in our home and the HOA is giving us problems. It is a small 1 grid system. They told us it will not look good on the roof. We then asked about all the airconditioners & coolers on the roofs that are eye sors. So much for going green to make our planet last longer.
I agree!
HOA's are a scourge upon the earth...I do underground utility work, and I run across so many little tin-pot neighborhood despots that I could puke...
I hate my hoa...However they just stopped a neigbhor from using my yard as her personal dog park....and I didn't have to lift a finger or say a word.
The content was good, but I think that the biased nature of the word choice (such as calling that one guy a douchebag) took away from the overall impact of the article. It turned it from an expose to schoolyard name calling.
This whole battle is absurd. HOAs are insane. Near me, a man put a flagpole in his front yard to fly the American flag. His HOA threw a fit, fined the hell out of him, and took him to court for violation of HOA rules. What the hell is wrong with people? Is a flagpole hurting anyone? Is this case of energy conservation harming anyone? For God's sake, leave these people alone. They're not throwing loud parties, they're not breaking into neighbor's homes, they're not placing a junkyard on their front lawn - they're not doing anything to make anyone think less of the neighborhood or jeopardize home value. Just leave them be. Good article!
Super article. Thanks for bringing it to our attention. In ten years, I'll still be laughing at that ...
Love it! In ten years Joe will still be a..