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Belmont Association
Hostile / Actively Opposed
City:
Raleigh
County:
Wake
ZIP Code:
27610
State:
NC
The HOA denied solar panel installation using general architectural review authority, then imposed $50/day fines totaling over $50,000 and initiated foreclosure proceedings against the homeowners. The front-facing roof was the only viable surface for effective solar production. After a four-year legal battle, the NC Supreme Court ruled 4-3 that general ARC authority cannot be used to deny solar panels (Belmont Association, Inc. v. Farwig, 2022-NCSC-64). The recorded declaration contained no express solar restriction. NC Attorney General Josh Stein filed an amicus brief supporting the homeowners. This is the landmark case that established solar access rights in NC.
Outcome:
Homeowner won -- NC Supreme Court ruled in favor of homeowners (2022)
Sources
- https://www.wral.com/story/nc-court-rules-against-raleigh-hoa-making-it-easier-for-people-to-install-solar-panels/20411500/
- https://www.wfae.org/energy-environment/2022-06-22/n-c-supreme-court-limits-ability-of-hoas-to-prohibit-solar-panels
- https://coastalreview.org/2022/06/nc-supreme-court-rules-for-homeowners-in-solar-panel-case/
- https://www.selc.org/press-release/nc-supreme-court-upholds-nc-homeowners-right-to-install-solar/
- https://pv-magazine-usa.com/2022/06/23/north-carolina-court-bars-hoas-from-banning-rooftop-solar/