Posted in the Rancho Santa Fe Forum
#1 Jan 28, 2010
I am soliciting advice what to do for my HOA rule issue. I have my 2nd house at the Crosby at Rancho Santa fe. My pool construtor who had responsibility to get permit per contract, installed solar oanel for the pool about 2 1/2 years ago. More than 2 years later when I asked final inspection for my landscape. they claimed the solar panel was not in the approved plan. I explained in numerous way thatI beleived that it was approved as I left it to pool contractor and I cannot do anything at this time, under name of DRC the consultant for the management company asked many document including pictures and a roof plan which I providedvs as best as I could including explanation that I can not get direct enquiry from my pool contractor as he left pool business and that was so long ago ,about DRC approval. I told to DRC if I have to remove it I will. They never said anything about it, and i had a special meeting with DRC and explained all. DRC consultant who is working for the management company offered me the name of one solar company without my request to modify my solar panel for what I don't know. I explaine them they didn't say anything more than 2 years until I asked the final inspection of my landscape and asked them whether I have to remove it if was not"approved" but never answered to that. Now all of sudden they sent me notice of "hearing" with intention of possible fine. I am asking advice what to do in this situation. My opinion is they lossed the opportunity by waiting more than 2 years even though it was plainly in front of their eyes and appeared to have conflict of interest for the managing company as the "consultant" stated they, the managing company, use this particular solar company for many communities they manage and adviced to see whether any modification could be done. Here issue was not approved or not but using this particular solar company. If indeed the approal is issue they could have askede me to remove which I already offeredv as solution and they didn't need to ask me all kind of document with explanation all request was for the record.Ifv any one know a good HOA lawyer please let me know as this appeared to be tyranny of HOA, and the ego of so called managemen's consultant.
#2 Feb 2, 2010
My best advice is to read again your HOA rules book you got at closing.I don't think they can do anything if there is no security issue.
#3 Feb 2, 2010
No security issue. They can not refuse or more significant cost to the installation of solar panel per California Civil Code. They are applying the rule which require approval for any out side modification, and 2 years later because I asked final inspection for landscape which I passed with full "compliance" after minor corrections.
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