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