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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