performance cannot be affected more than ten percent). Associations may require those installing solar systems to indemnify them against loss.
Associations may require those installing solar systems to indemnify them against loss.
that governing documents “may include other reasonable rules regarding the placement and manner of a solar energy panel.” RCW 64.38.055(3).
Condominium Associations
most condominiums. WUCIOA, passed in 2018, provides for solar in both homeowner and condominium associations and is discussed in this section. Here the focus is on condominiums governed by the Horizontal Properties Regimes Act (RCW 64.32 et seq.) (“HPRA”) and the Condominium Act (RCW 64.34 et seq.) (“Condo Act”).
Washington has general statutes governing the placement of solar panels by using solar easements.
Solar Easements in Washington State
solar, we must look to more general statutes. Washington has general statutes governing the placement of solar panels by using solar easements. RCW 64.04.140, 64.04.150, 64.04.160, and 64.04.170. A solar easement simply means that two parties (the association and an owner) contract for purposes of “assuring adequate access to direct sunlight for solar energy systems.” RCW 64.04.150(1)(b).
Solar easements may take the form of an “easement, restriction, covenant, or condition.” RCW 64.04.150(1)(b). They are a real property right, meaning they are subject to all requirements governing deeds. That is, they must be in
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