PV Installation on Townhomes and Condos (who gets what roof space?)

[TrickleCharge]

Hi- Recently, I have seen some solar panels proposed on the roof of multifamily buildings such as 3 unit townhomes or 4 unit condos. The question that always comes up is about permission or where the assumed Pl is located in determining the roof area to install the panels. In one installation, the person lived in the middle unit, but the panels were being proposed on the end roof line. What is the practice for this? I thought there was an assumed property line, or is roof open to all? If the second unit or 3rd unit wants to install solar, they will all be fighting over roof space. Also, when first responders show up, they will have to be shutting off multiple solar systems. Any input is greatly appreciated.

 

[hbiss]

I don't know how it is in CA but as far as I know the owners do not own the outside of their units and have no rights to it. So what you are asking is entirely up to the governing board who may not even allow an installation. A similar situation has always existed regarding TV antennas and dishes. Very few allow individual owners to install them.

-Hal

 

[GoldDigger]

I don't know how it is in CA but as far as I know the owners do not own the outside of their units and have no rights to it. So what you are asking is entirely up to the governing board who may not even allow an installation. A similar situation has always existed regarding TV antennas and dishes. Very few allow individual owners to install them.

-Hal

For a townhome, there is individual ownership of a specific portion of the building, both interior and exterior, complicated only by the existence of common walls between units which are essentially split down the middle.
For a condominium the building is first divided into individual portions (including interior surfaces) and common portions, usually including exterior walls, roofs, corridors, etc.
In either case there may be deed restrictions over what can be done on the exterior by any owner, whether they have individual ownership of part of the exterior or not.

 

[jaggedben]

You really have to find out from the building owner or HOA. But I've never been able to install modules on a roof that is solely over a neighboring unit.

 

[GoldDigger]

You really have to find out from the building owner or HOA. But I've never been able to install modules on a roof that is solely over a neighboring unit.

In the case of a condominium development the "owner" of the common space, i.e. the condo association, would usually have the right, on its own, to install panels on any roof surface it wanted, to balance out power consumption for common areas.

 

[TrickleCharge]

In the case of a condominium development the "owner" of the common space, i.e. the condo association, would usually have the right, on its own, to install panels on any roof surface it wanted, to balance out power consumption for common areas.

I just left a message for the HOA, because I think this is going to be there call. Interesting thought because given our recent AB2188 that streamlines residential solar process, there really should not be limitations if someone wants to install solar. I wonder how much benefit there is for a 1200sf condominium.

 

[jaggedben]

In the case of a condominium development the "owner" of the common space, i.e. the condo association, would usually have the right, on its own, to install panels on any roof surface it wanted, to balance out power consumption for common areas.

Sure, I guess my comment was about what's typically called townhomes. It's not always obvious. We had one job cancel because the customer apparently erroneously believed that he owned his own roof but it turned out the HOA did. The roof didn't cover anyone else's unit though.

At any rate, it is an ownership question and not a code question.

 

[jaggedben]

... I wonder how much benefit there is for a 1200sf condominium.

Potentially no different from a 1200sf house. It all depends how frugal or profligate their electricity use is.

 

[cowboyjwc]

So just asking it seems that the owner only owns between the walls and the HOA owns the roof, so you may be able to do as you say, but checking is always a good idea.

I had one where they installed the equipment on the exterior wall of a zero lot line house and they had to remove and relocate it, because that is in the neighbors yard.

 

[TommyO]

So just asking it seems that the owner only owns between the walls and the HOA owns the roof, so you may be able to do as you say, but checking is always a good idea.

A "townhouse" isn't a legal description (at least in CA)
So it could be a condominium, a Planned Unit Development (PUD), or a house with common walls.

For a condo you own the air inside the unit and the interior surfaces of the walls.
For a PUD you own the building and the land under it - but the roof/exterior might be maintained by the HOA (and even if they don't maintain it, they probably will have restrictions via CC&Rs on what you can do with the exterior)
For a house that's just common walls and not a PUD or condo - there still might be CC&Rs to adhere to. But it's likely everything within the property line is yours to do with as you please (well, mostly as you please)

Since this particular example has units above each other, I would bet it's a condo - and probably the common areas (ex. roof, landscaping/yard) are owned by the HOA.

 

[cowboyjwc]

A "townhouse" isn't a legal description (at least in CA)
So it could be a condominium, a Planned Unit Development (PUD), or a house with common walls.

For a condo you own the air inside the unit and the interior surfaces of the walls.
For a PUD you own the building and the land under it - but the roof/exterior might be maintained by the HOA (and even if they don't maintain it, they probably will have restrictions via CC&Rs on what you can do with the exterior)
For a house that's just common walls and not a PUD or condo - there still might be CC&Rs to adhere to. But it's likely everything within the property line is yours to do with as you please (well, mostly as you please)

Since this particular example has units above each other, I would bet it's a condo - and probably the common areas (ex. roof, landscaping/yard) are owned by the HOA.

That is true the wording is usually "townhouse design". There are no restrictions on the installation of solar. The HOA actually has no say in where the panels can go.