I am interested in having a solar system installed at my residence, but my homeowner's association refuses to allow solar collectors to be installed. What are my rights in this issue?
Florida law forbids ordinances, deed restrictions, covenants, or similar binding agreements from prohibiting solar equipment use. Under this law, a homeowner may not be denied by "any entity granted the power or right in any deed restriction, covenant or similar binding agreement to approve, forbid, control, or direct alteration of property..." permission to install a solar collector, clothesline, or other energy device using renewable resources.
While a homeowner cannot be prevented from installing a solar energy system, certain restrictions may be imposed without violating the law. However, those restrictions must be reasonable, not arbitrary, and uniformly imposed on homeowners in a subdivision. The restrictions cannot act to impair the performance of a solar system or it may be seen as "effectively" prohibiting solar.
The law specifically prohibits a homeowner association from preventing the installation of solar collectors on the roof. Although the association may determine where on the roof the collectors may be installed, so long as the installation is within the area required for its effective operation, that is, south, east or west of due south.
The association is, thereby, limited in imposing requirements which would effectively restrict the system's operating efficiency or increase the system installation cost. As such, requirements for screening the system from view, whether by trees or fences, ground mounting, or limiting installation to an area not visible from the street, are contrary to the spirit and letter of the law, if the association change impairs the efficiency of the system. Requiring the system to conform to a certain color (i.e., blending with the color of the roof) is also prohibited by the statute, since the collector surface must be black to effectively absorb the sun's heat (and, in fact, is the only available material on the market).
It is important to seek the approval of a homeowners association prior to the installation of a solar system. The law protecting the installation of solar does not waive the need for association approval if it is required by the governing documents. However, the Legislature has made successive amendments to Section 163.04 to better state its intent and to protect the rights of all solar consumers. This section applies to all actions taken with respect to approval or denial of a solar system, regardless of when the subdivision was instituted or when the association bylaws may have been adopted. For more go to http://www.fsec.ucf.edu/en/consumer/solar_hot_water/q_and_a/rights.htm.
How does a solar (PV) system work?
Simply put, PV systems are like any other electrical power generating systems; just the equipment used is different than that used for conventional electromechanical generating systems. However, the principles of operation and interfacing with other electrical systems remain the same, and are guided by a well-established body of electrical codes and standards.
Although a PV array produces power when exposed to sunlight, a number of other components are required to properly conduct, control, convert, distribute, and store the energy produced by the array.
Depending on the functional and operational requirements of the system, the specific components required may include major components such as a DC-AC power inverter, battery bank, system and battery controller, auxiliary energy sources and sometimes the specified electrical load (appliances). In addition, an assortment of balance of system (BOS) hardware, including wiring, over current, surge protection and disconnect devices, and other power processing equipment. Figure 3 show a basic diagram of a photovoltaic system and the relationship of individual components.
Why do some systems use batteries?
Batteries are often used in PV systems for the purpose of storing energy produced by the PV array during the day, and to supply it to electrical loads as needed (during the night, during electrical utility grid power outages and periods of cloudy weather). Other reasons batteries are used in PV systems are to operate the PV array near its maximum power point, to power electrical loads at stable voltages, and to supply surge currents to electrical loads and inverters. In most cases, a battery charge controller is used in these systems to protect the battery from overcharge and over discharge.
How long will my system last?
Solar modules carry a manufacturer’s warranty for a period of 25 years. The design life of the solar modules is actually 40 years but is likely to continue to produce electricity for many years beyond the warranty period – 40 years or longer. The remainder of the system carries a five-year warranty.
What, if any, maintenance is required?
All of VES’s solar electric systems work automatically, require no fuels and have no moving parts. These systems require virtually no maintenance. We do recommend an occasional cleaning of dirt and debris from the solar panels to ensure maximum output. A good rainfall may accomplish this for you.
VES systems have batteries that will require some minimal ongoing maintenance. We recommend that homeowners purchase a maintenance contract from VES to cover all routine maintenance of the system.
Is my system safe?
Yes. All of VES’s systems have no moving parts or harmful exhausts. However, use caution as you would with any electronic device. All components are UL Listed and comply with all industry standards. Your system’s connection to the utility power gird will be inspected by city building department personnel and utility company prior to initial use.
What financial incentives are available?
The incentive amounts for each solar technology are as follows (find more on DSIRE):
Solar Photovoltaic Systems
- State of Florida Residential Rebate: Single-Family - $4 per watt DC up to $20,000
- State of Florida Residential Rebate: Commercial, Non-profit, Multi-Family, or Public Facilities: $4 per watt DC up to $100,000
- FPL: Residential, Multi-Family Residential, Low-Income Residential - $1.50 per installed watt for systems 2kW – 7kW
Solar Water Heating Systems
- Residential: $500 per installation
- Commercial, Non-profit, Multi-Family, or Public Facilities: $15 per 1,000 BTU up to $5,000 (BTUs must be metered)
Solar Thermal Pool Heaters
Applications for the rebate must be made within 90 days after purchase of the solar energy equipment. Solar energy systems have been exempt from Florida's sales and use tax since July 1, 1997.
The Energy Policy Act of 2005 (H.R. 6, Sec. 1335) established a 30% tax credit up to $2,000 for the purchase and installation of residential solar electric and solar water heating to their property. An individual can take both a 30% credit up to the $2,000 cap for a photovoltaic system and a 30% credit up to a separate $2,000 cap for a solar water heating system. To be eligible for the credit, a system must be "placed in service" or activated on or after January 1, 2006, and on or before December 31, 2008.
Expenditures with respect to the equipment are treated as made when the installation is completed. If the installation is on a new home, the "placed in service" date is the date of occupancy by the homeowner.
In Florida, solar water heaters must be certified by the Florida Solar Energy Center. Both solar water heating and solar power (PV) systems must be installed by a licensed contractor, qualified by the state to install solar equipment. Solar power systems must be installed by a state-licensed master electrician, electrical contractor, or solar contractor. Solar thermal systems must be installed by a state-licensed solar or plumbing contractor.
What is a tax credit?
Treated like a payment already made toward the taxes you owe, a tax credit provides a bigger bang for the buck than a tax deduction. You claim the credit when filing your tax return for the year the system is installed.
What happens during a blackout?
Solar Systems will shut down with any grid failure. This prevents power from being back-fed to the grid and potentially endangering utility workers. Systems with battery back-up will automatically switch from utility power to back-up batteries when the grid goes down, keeping power on for critical loads.
How much power will my system produce?
The amount of power produced will vary depending on the size of your system, location and amount of sunshine. See an estimate under “Calculators” to find the average expected kW-hour output and other specifications of your estimated system. Contact a VES representative for specifics.
What size system is best for me?
The primary factors in determining the best system size are:
Do you want maximum savings or full requirements? And, how many kW-hours do I use monthly and annually? A system designed for maximum savings will be smaller than a system designed to provide 100% of your electricity needs. Contact a VES representative for a customized quote based on your usage.
How are the solar panels mounted to my roof?
All VES solar systems are professionally installed and are permanently mounted to your roof, patio cover, etc., using the highest quality mounting equipment and non-leak roofing materials. Components specifically designed for each type of roof are used during each installation, assuring that your solar system is safe, rugged and durable. VES installs various system types on every type of roof, including tile, shingle, flat, etc.
If your roof is old and may need to be replaced soon, the best solution is to install your solar system at the same time you put on your new roof. In the case of new construction or re-roofs, the panels can actually become part of the roof, further adding to system durability.
How much roof area do I need?
Each size of system needs a certain amount of roof space. Generally, an area of 120 square feet is required for each kilowatt of output. Therefore, a typical 7.2 kW system will require approximately 900 square feet. Keep in mind that panels can be ground or pole mounted as well.
What direction should the panels face?
South, southeast and southwest facing roofs typically allow for maximum electricity production. East and west facing roofs also can provide good electricity production. During the site visit to your property, a VES representative can determine the optimum location for your system, accounting for sun direction, shading, available roof area or ground area, and system size.
What is “Net Metering?”
There will be times when your system will produce more electricity than you will need at that moment. In this case, the excess power is fed onto the grid, spinning your meter backwards and crediting you with the full retail value of the power. Throughout a billing period, your meter will spin back and forth numerous times. You pay the utility for only the “net” amount of power used from the grid.
What is “Dual Metering?”
Dual Metering is similar to Net Metering. However, instead of the use of a single, bi-directional meter, two meters are installed. One measures power being bought from the utility company while the other measures power being sold to the utility company.
FPL buys electricity from the customer at a wholesale price of 5 cents/watt while the customer currently pays about 12 cents/watt. As an economic incentive, dual metering is generally less favorable to customers than net metering.
The Public Service Commission put out a press release about the discontinuation of dual metering and requiring net metering in the State of Florida. More can be read here: http://sparkplugg.blogspot.com/2008/03/state-of-florida-news-release-342008.html.
What is an Energy Mortgage?
An energy mortgage is a mortgage that credits a home’s energy efficiency in the home loan. For an energy efficient home, for example, it could mean giving the home buyer the ability to buy a higher quality home because of the lower monthly costs of heating and cooling the home. For homes in which the energy efficiency can be improved, this concept allows the money saved in monthly utility bills to finance energy improvements.
Specifically, these are home mortgages for which the borrower’s qualifying debt-to-income and housing expense-to-income ratios have been increased ("stretched") by 2% because the home meets or exceeds the minimum standards of the Council of American Building Officials (CABO) 1992 version of the Model Energy Code (MEC). This so-called "stretch" mortgage results from provisions of the Cranston-Gonzalez National Affordable Housing Act, and is refined by the U.S. Energy Policy Act of 1992 (EPAct). The EEM is nationally underwritten by Fannie Mae, Freddie Mac and the Federal Housing Administration (FHA).
There are two types of energy mortgages:
Energy Improvement Mortgage (EIMs) - Finances the energy upgrades of an existing home in the mortgage loan using monthly energy savings
Energy Efficient Mortgage (EEMs) - Uses the energy savings from a new energy efficient home to increase the home buying power of consumers and capitalizes the energy savings in the appraisal.
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