2026 HVUOA Board Meetings

Solar Panels at the Village
 

After many months of study of the declaration, bylaws and Virginia Law, the board voted to not allow the installation of  solar panels at Huntington Village.  This discussion arose after one unit owner submitted an ARC for consideration by the Board. A board member then submitted a draft policy and agreement between unit owners and the HVUOA to define the responsibilities by the parties in order to establish solar panels as an option for unit owners.   Below is  a summary of the factors and considerations to not allow the installation of solar panels.

A.  Under the current HV declarations and bylaws, the considerations  involved:

1. Violation of current Virginia Law. Virginia law prohibits use of common elements to be used exclusively by the unit owner.  Since the panels would be attached to the top of the roof which is deemed a "common element" pursuant to Article III regarding roof boundaries, allowance of solar panel installation would violate the Virginia Code.

2.  Quality of current roofing. The age and the integrity of the roofs are also a consideration.  Many roofs are at the end of their useful lives.  Adding more weight at this juncture would compromise the integrity of the current roofing materials and thereby accelerate roof failures and replacements.

B.  Transfer of Roof Ownership. Discussion also centered on amending the current bylaw Article III to transfer roof ownership to unit owners. The vote would require a supermajority of residents in support of solar panels.  The considerations involved:

1.  Construction of the roofs.   A lot of roofs are one long running roof which is effectively shared by unit owners.  Those unit owners who do not wish to have solar panels would not want to assume those maintenance costs. Also it would be a monumental task on how to adjust HOA dues for those with and without solar panels.

2.  Existing mortgages.  Changing the boundaries of ownership would require changes to the deeds of trust which could trigger defaults (a lot of mortgage instruments contain such provisions) and the mortgagors could require refinancing.  Refinancing is not   a welcome prospect in this age of rising mortgage rates.

3.  Insurance increases.   The shift of ownership would require an increase to unit owner insurance rates.

C.  Redefinition of limited common areas. We also looked at amending the bylaws to declare the roofs "limited common areas" for the exclusive use of unit owners. Per Virginia Law, expenses to maintain limited common elements are shifted to the unit owners.  When this option was considered, the issues were essentially the same as option A outlined above.