A HOMEOWNER was forced to put up a fight after a HOA claimed his newly installed solar panels were against the rules.
Mark Bassler forked out $53,000 in legal fees after the homeowners association claimed the panels were positioned in the wrong spot.
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Bassler and his wife Jennifer live in Belleville, Illinois – 16 miles southeast of St. Louis, Missouri – in a neighborhood subdivision called The Orchards.
The pair moved into the community in March 2020 and installed solar panels at the end of that year.
The HOA quickly filed a civil suit against the Basslers to have the panels removed, claiming they violated the HOA policy, per a Belleville News-Democrat article from October 2022.
Mark and Jennifer retaliated against the civil suit, pointing to the Illinois law called the Homeowners’ Energy Policy Statement Act.
Although the law permits HOAs to decide where residents can place solar panels, it also states that HOAs must pick a location that permits the panels to operate most efficiently.
Paul McKnight, the owner of the company that installed the couple’s solar panels, argued that moving them to adhere to the HOA’s demands would not be practical.
He noted that the location the HOA picked would result in a 35% reduction in the Basslers’ energy efficiency.
By contrast, the original location allowed the couple to satisfy 100% of their home’s electrical needs.
“Their policy was illegal,” Mark Bassler told the Belleville News-Democrat regarding the HOA’s ruling.
“And there was no reason for them to drop the lawsuit at this time unless they knew they were going to lose and have to pay our legal fees.”
The HOA ultimately dismissed the civil suit in September 2022, but not before the Basslers were made to fork out $53,000 in legal fees.
The U.S. Sun reached out to the Orchard HOA for comment
FIGHT THE POWER
Because the Basslers’ case was dismissed rather than brought to court, it did not set a legal precedent for future lawsuits.
However, their case does show that residents can take a stand against their community’s HOA – which provides a beacon of hope for those seeking to make their houses more green.
For example, a couple in Maryland fought their HOA to preserve their eco-friendly lawn, resulting in a state law change.
Janet and Jeff Crouch had a wildlife refuge-style garden for over 10 years before facing problems with their HOA.
The couple had many native species and claimed they provided shelter and food for birds and pollinating insects.
However, their HOA sent them a letter, concerned their yard was not manicured enough.
What is an HOA?
One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?
- An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
The letter demanded the couple restore their lawn and remove the native plants, saying “Your yard is not the place for such a habitat.”
The Crouches fought back, seeking help from environmental organizations and local politicians.
Using the couple’s case as a precedent, Maryland passed the first US law protecting native plants from HOA bans.
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