June 14, 2019

Curb Appeal versus Renewable Energy: Ensuring Access to Solar Energy within Homeowners Associations

Maddison Malone Riddick

I.  Introduction

In 2010 an Omaha dentist named Timothy Adams installed forty thousand dollars’ worth of solar panels on the roof of his home hoping to utilize the clean energy they generated to save on his electric bill. Shortly after, his homeowners association (HOA) sued him, alleging he had breached a neighborhood covenant by installing the solar panels. After amassing three years of legal costs and with trial looming, the parties agreed to settle. Under the terms of the settlement, the HOA paid three thousand dollars toward the cost of removing the solar panels. Adams was left with no solar panels and a net loss of at least thirty-seven thousand dollars.

Premium Content For:
  • Current ABA Member
Join - Now