Maryland Historic Trust email

This email is from the Maryland Historic Trust's expert in determining if a property is eligible to be included on the Maryland Historic Trust Register as a historic property. 
This again confirms that our property is not historic and therefore not subject to exemption from the Maryland Solar Law.  It is hard to believe that the Oella ARC and HOA Board would confuse this important detail and fact....

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10/14/2009 email from the Md. Historic Trust:
Mr. Pettit, I apologize for the delay in responding to your inquiry.  A house built in 2000 would not contribute to the significance of the Oella Historic District, since its construction date falls outside the Period of Significance established for the district (c. 1812-1919).  Generally, for a property to be individually eligible for the National or Maryland Registers, it needs to be at least fifty years old AND demonstrate significance in terms of the criteria you cited.  So I can confirm your conclusion that the property would not qualify for listing in the Registers.

Thank you for your interest in our programs.

Peter E. Kurtze
Administrator, Evaluation & Registration
Maryland Historical Trust
100 Community Place, 3rd floor
Crownsville, MD 21032-2023 

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Oella Registered Historic Properties

Here are the Properties currently within the Oella HOA that are currently listed on the Maryland Historic Trust's list.  There are 130+ non-historic properties not on the list that have the right to install a solar system. 


Neither the ARC or the Oella HOA board gave this list any consideration in taking it's flawed action of denying Oella's first Solar application.  
Seems the majority of the current Oella ARC committee of 5 and HOA board members are preservationists with a blind eye to the facts?

Non Sequitur Consultant Letter

Did Mr. Wagner even read the Maryland Solar Law???
NO reference to the Maryland's Solar Law is made- amazing...

Oella ARC Solar Denial Letter #1

The ARC's response letter below, via the Management Company, totally ignores the Maryland Solar Law reference that was included with our ARC application and refers to an opinion letter from a consultant hired by the HOA.  
Even the "expert" paid consultant letter (see Non Sequitur Consultant Letter post) fails to address limitations on HOA's ability to restrict Solar installations.    ? ? ?

Solar Installer's Letter Provided to Oella HOA Board & ARC

The Oella Architectual Review Committee of Raina Rath, Marcia Ames, Olivier Gandou, Charles Wagandt and Steve Appler choose to ignore the facts provided by Standard Solar regarding the location of our solar  panels and the significant increase in installation costs and 45% decrease in solar efficiency.  The HOA & ARC assert that they have the right to restrict where the solar panels can be placed (see 10/17/09 post of email from ARC "Convoluted Oella ARC response"). 


The restrictions made by ARC and agreed to by the Oella HOA board are unreasonable restrictions which are prohibited by the Maryland Solar Laws. 

Oella HOA Solar Denial Letter

It sounds like the Oella HOA board, in it's fiduciary duties, feels it has the right to commit HOA member funds to defend against a legal liability that, if lost, will cost the association membership significantly.

It is ridiculous that the Oella HOA would take this risk to "protect the value of the Oella community to maintain aesthetic harmony".  How Absurd!
If they were really interested in community input- they would not have only invited 9 members to attend the board meeting 10/12/09 by special written notice.

The Boards decision is never final and is always subject to change- either by a court of law, or by the will of the members and not a select minority.

Appeal to Oella HOA board to over rule ARC

9-30-2009
Dear Oella HOA Board members:

This email serves as our request of the Oella HOA board to appeal the convoluted Oella ARC email notice below.   We have grant funds of $10,000 at risk with the State of Maryland Energy Admin if our solar system is not installed by 11/13/2009- so we ask that the board have a special meeting to vote on approving our application for solar panels (attached) and overrule the ARC decision.  

The ARC's response fails to address (again) the restrictions placed on HOA's under HB117 with respect to the solar system location efficiency and the significant costs associated with placing the solar system in another area on our property other than the area proposed in our application.  I would like to see whatever the HOA paid attorney provided regarding this issue.  Please email or fax.

The ARC response asserts it's right to control the placement of the solar collectors and again ignores the restrictions provided in HB117 designed to prevent HOA's from making unreasonable limitations that significantly increases the cost of the solar system or significantly decreases the efficiency of the system.  We cannot compromise on the location due the restricted solar viability on our roof - a fact I stressed in prior emails to ARC which seems to have been ignored.  Please see attached letter from Standard Solar addressing the location and efficiency issue. 

The intent of the law under HB117 is not to summarily include any house that is within the broad boundaries of a historical district per the following language that is very specific:

"The bill does not apply to a restriction on use on historic property that is in, or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historical Properties."   

1010 Oella Ave. is neither historic or eligible for inclusion on the Maryland Historical Trust registry- nor is it listed currently among the Oella properties currently on the registry. (see attached list)  

We suggest that the ARC create guidelines which take into account the Maryland Solar laws and specifically HB117 (fiscal notes attached).  If an Oella property is eligible to be included on the historic Trust Registry, then the Oella ARC has the right to deny an application for solar, or to place restrictions that significantly increase the solar system cost, or decrease it's efficiency.

We hope the Oella HOA board will see the flaws of the ARC's response in this matter and over rule it's decision and thereby avoiding the risk of potential legal machinations and expense the ARC response alludes to.    Again, we have confirmation and support for installing a solar system under the purview of HB117 from Mr. Brent Bolea 410-260-7538, the Assistant Attorney General at the Md. Energy Admin.,  Baltimore County preservation personnel, written response from the Director of the Maryland Historical Trust indicating our property is not eligible for listing on the Register and others.
As a side note- a community input meeting is not supported under this scenario since we only have one location that is viable for the panels to be installed-  unless the input is about what color is preferred- but the panel selected is an architectural series that has a very low profile and visual impact. They really only come in black, or black with silver trim/frame. 

I have a sample piece of the panel we plan to use if anyone would like to see it.

Please let me know when the Oella board will meet and whether our attendance is welcome. 

Sincerely,

James Pettit

attachments:  

1. Standard Solar letter of 9/24/2009;  

2. FISCAL AND POLICY NOTE HB117

3. list of Oella registered property on the MARYLAND HISTORICAL TRUST 

4. ARC Solar request with Solar System layout and Md. Law Summary

Convoluted Oella ARC response

Another example of the Oella ARC disregarding the Maryland Solar Law.  
They say they don't have the right to prevent installation- but assert they can dictate where the solar panels should be located.  
The ARC's email response fails to address (again) the restrictions placed on HOA's under HB117 with respect to the solar system location efficiency and the significant costs associated with placing the solar system in another area on our property other than the area proposed in our application.  MY request to see whatever the HOA paid attorney provided regarding this issue was ignored.  


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9-30-2009 


Dear Mr. Pettit,

                 The ARC and counsel have reviewed your argument and find that due to the legal technicality that you addressed to us by email, we may or may not have the legal right to prevent the installation of your solar panels per your application at this time. In discussions by our attorney and others with the Maryland Historic Trust it has become obvious that the clear intent of the legislation that created the law that you cited was to place restrictions on all homes within an Historic District. It is possible that if the Oella HOA takes this matter to court  we will win. There is other language that is basically a loophole that gets around the loophole. However, we would prefer not to go to the expense of legal action unless it becomes necessary. We hope that we can compromise on the location of the installation and it becomes a win/win.

                What we are very clearly allowed to control is the placement of the solar collectors. We will permit them to be placed either on the rear roof (no higher than the highest portion of the nearby roof) or in the rear yard (screened as necessary). Please resubmit your application showing your preferred  revised installation(s) per this comment.

Respectfully,

Oella ARC

transmitted via email with hard copy sent USPS

Ruthann Shae

American Community Management

9198 Red Branch Road

Columbia, Maryland 21045

410-997-7767 extension 131

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SOLAR IN OELLA

Maryland's Solar Law went into effect May 2008 and was designed to prohibit HOA's from placing unreasonable limitations on homeowners that significantly increases the cost of the system or significantly decreases the efficiency of the system.  This law does not apply to a restriction on use on historic property that is in, or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historical Properties. (see http://mht.maryland.gov/designation.html) 


There are only 23 properties listed on the Historic Registry -less than 15% of the homes in Oella.


To be eligible for inclusion on the Maryland Historic Registry, a property must be historically significant at the local, state, or national level for one of the following reasons: associated with important events or broad patterns of history; associated with the life of a significant person; representative of a type or style of architecture, or the work of a master; or have the ability to yield new information (generally for archeological sites). Properties must also possess integrity – the physical features that convey the property’s significance.

Any property in Oella that is not eligible to be included on the Historic Registry, or is not currently included, has the right to install solar on their property in the optimal location to capture clean solar power.

Rendering of a non-historic Oella house with Suntech low profile 175watt Solar Panels.

Despite providing the Oella HOA and ARC with communications from the Maryland Historic Trust confirming that our property is NOT historic nor is it eligible for inclusion on the Historic Registry (see below email), the Oella HOA board and Architectural Review Board have denied the application to install a solar system and have totally disregarded the solar rights law.  
The HOA board and ARC are more concerned with Historic Preservation and stopping solar from having any visibility in Oella than honoring Maryland's Solar law.  

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10/14/2009 email from the Md. Historic Trust:
Mr. Pettit, I apologize for the delay in responding to your inquiry.  A house built in 2000 would not contribute to the significance of the Oella Historic District, since its construction date falls outside the Period of Significance established for the district (c. 1812-1919).  Generally, for a property to be individually eligible for the National or Maryland Registers, it needs to be at least fifty years old AND demonstrate significance in terms of the criteria you cited.  So I can confirm your conclusion that the property would not qualify for listing in the Registers.

Thank you for your interest in our programs.

Peter E. Kurtze
Administrator, Evaluation & Registration
Maryland Historical Trust
100 Community Place, 3rd floor
Crownsville, MD 21032-2023
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It is interesting to note that someone on the HOA board directed the HOA management company to hand deliver written notices regarding the ARC appeal of our solar application to only 9 Oella HOA members and not the entire HOA membership.  The HOA board stressed the significance and importance of this first ARC appeal- one would think the entire Oella membership would have been notified and given the opportunity to participate in such an important decision.

Now Oella's HOA, which is facing a significant operating reserve shortfall, is faced with litigation expense and damages.  Such an absurd use of HOA monies precipitated by the myopic actions of an HOA Board and ARC committee.