Solar Panels in Associations Continued From Page 19
writing, there must be a legal description of the properties involved, a description of the solar easement, and it must be recorded. RCW 64.04.150(2) and (4). There is no such thing as an implied solar easement. RCW 64.04.160. If it is not in
There is no such thing as an implied solar easement. If it is not in writing and recorded,
Practical Plausibility of Solar Easements
The ability of an owner to obtain a solar easement from the association may be more theoretical than realistic because it involves installing solar panels on common elements such as the roof or outside grounds.
Each set of governing documents would need review to determine whether encumbering common elements is possible and if it needs a vote.
Not only are there statutes governing how common elements can be encumbered (See, e.g., RCW 64.34.348), but also each set of governing documents would need review to determine whether encumbering common elements is possible and if it needs a vote.
Review applicable statutes and governing documents to determine your eligibility to install solar.
20 Community Associations Journal | April 2022
Washington Uniform Common Interest Ownership Act, RCW 64.90, et seq. (“WUCIOA”)
Under WUCIOA, associations cannot prohibit the installation of solar on or within a unit, subject to the same conditions governing homeowner associations. RCW 64.90.510(3). This restriction applies equally to condominiums and homeowner associations.
Under WUCIOA, associations cannot prohibit the installation of solar on or within a unit.
Further, an association has the same regulatory power as described above. RCW 64.90.510(4). For those condominium dwellers whose roofs or outside spaces are not part of their unit, it is theoretically possible to install a solar system on a common element although the board
It is theoretically possible to install a solar system on a common element although
RCW 64.90.510(7). Remember that WUCIOA only applies to those associations founded after July 1, 2018, and those that opt-in.
The cost of solar systems has dropped dramatically and
Conclusion
The cost of solar systems has dropped increased. Association members wanting to take advantage of these savings should review applicable statutes and governing documents to determine their eligibility to install solar.
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