- Associated Press - Wednesday, April 25, 2012

CUMMING, GA. — The government wants you to install solar panels at your house, and will even give you a tax break to do it. But your neighbors? Maybe not.

It’s a lesson Angel and David Dobs discovered when their homeowners association north of Atlanta denied their request to install solar panels on their roof. Neighborhood officials said the panels would look out of place and might lower home values in a community that regulates details as fine as the coloring of roof tiles, the planting of trees and the storage of trash cans.

“It’s like living under communism someone gets to dictate every possible thing you do,” Mr. Dobs said.

Homeowners associations around the country have banned or severely restricted the installation of solar panels, and the solar industry has pushed back to halt the practice. A recent attempt in Georgia to expand the right to go solar had support from environmentalists and some Republican lawmakers concerned about private property rights, but it succumbed to opposition from developers and real estate agents.

Roughly two dozen states now forbid or limit homeowners associations or local governments from banning solar panels, according to a database run by North Carolina State University. Similar disputes have prompted lawsuits in Nebraska and California.

Angel and David Dobs supported the Georgia legislation after their run-in with the homeowners association. Mr. Dobs had viewed the project as his personal contribution to prevent global warming.

Leaders of the Vickery Lake Homeowners Association in Cumming say the dispute is about architecture and aesthetics, not the merits of solar power. Homeowners automatically accept the community rules when they purchase a home there.

“We’re not going to debate whether it’s a good idea to have green energy or not,” said Jim Pearson, the association’s president.

These debates are likely to keep flaring as more people install solar energy systems because the equipment is getting cheaper and governments subsidize the cost. Taxpayers can now deduct 30 percent of the cost of installing solar panels from their federal tax bill. Other states and local governments offer additional incentives.

The fight is not new. Some solar rights laws date back to the 1970s, while other states have added similar measures more recently.

Even in states that give homeowners the right to install solar panels, homeowners associations still ban them.

Neighborhood leaders in a Salem, Ore., subdivision rejected Larry Lohrman’s request to install solar panels on his roof because their rules banned the equipment, Mr. Lohrman said. He successfully argued that a 1979 solar rights law made that ban illegal.

His panels were installed and started producing power in 2010, though Mr. Lohrman said he nearly abandoned the effort in frustration during the year it took to write the new guidelines for his homeowners association.

“They’re just afraid that someone’s going to put up this big, honking ugly thing that reflects light and just looks ugly,” he said.

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