LOS ANGELES – (Business Wire) Following a two-week trial that tested the California Solar Rights Act and the rights of homeowners associations (HOA) to control the installation of solar panels, a jury in the Superior Court of the County of Los Angeles found in favor of the plaintiff, Tesoro del Valle Master Homeowners Association, which was represented by Greenberg Glusker. The dispute centered on the refusal of a homeowner to remove solar panels, which were installed in violation of covenants, conditions, and restrictions (CC&Rs) of the Valencia private community.
Greenberg Glusker litigators Ricardo P. Cestero and Melissa A. Bakewell represented the association.
"This verdict is a vindication of the right of homeowners associations to protect the communities they manage and to balance the need for renewable energy with the integrity of their communities," said Cestero.
The case addressed the reach of the 1978 California Solar Rights Act, which limits the ability of HOAs to stop solar panel installations by homeowners. The last published court decision involving the Act was Palos Verdes Home Association v. Rodman, 182 Cal. App. 3d 324 (1986). Updates to the Act have been made in the more than twenty years since that decision and the Tesoro del Valle verdict will help clarify the scope of HOA authority in this area.
During the trial, Greenberg Glusker litigators demonstrated that the homeowner defendants ignored the HOA's denial of their application to install 300-square feet of solar panels close to a public sidewalk, and then refused to comply with several subsequent requests to cease and desist. While the HOA had allowed other homeowners in the 1,100-home community to install solar panels, the defendants' installation was rejected for reasons of safety and aesthetics.
"Disputes involving solar panels and 'greening' measures are an area that HOAs and the courts are increasingly required to address in Southern California," said Lee A. Dresie , who chairs Greenberg Glusker's Litigation Group. "This verdict is an important victory for our client and underscores the importance of expert and experienced counsel in conflicts between HOAs and homeowners."