5/20/13

Flower Mound mans fight over solar panels prompts review of regulations | Dallasnews.com - News for Dallas, Texas - The Dallas Morning News

Flower Mound mans fight over solar panels prompts review of regulations
93 24 0 Share 3 9

AA

By WENDY HUNDLEY Staff Writer whundley@dallasnews.com

Published: 18 May 2013 10:35 PM Updated: 18 May 2013 10:38 PM

Flower Mound resident Jay Squyres is passionate about going green. Hes a proud owner of one of the first Tesla electric vehicles in the Dallas area. The car has NO OPEC emblazoned on the license plate. But his strong some might say extreme commitment to solar energy has put him at odds with his homeowners association. Its also prompted some officials to consider whether new regulations are needed to govern solar panels in residential areas. Squyres is unapologetic about his quest to wean himself from fossil fuels. The state law says we can put [solar panels] on roofs and yards and they cant stop them, said the 44-year-old businessman, who was sued last year by the Wellington of Flower Mound Residential Association. A mediated settlement was recently reached in the case. But the dispute highlights the difficulty of balancing the rights of individuals and the larger community. We were never saying no panels, said attorney James Richards, who represented the Wellington association. We wanted to do what was in the best interest of all residents. Richards noted that the HOA had already given Squyres permission to install 45 panels on the rear roof and 13 panels on the side of his house. The dispute focused on whether Squyres had followed proper procedures before installing additional panels on his front roof and in his back yard. In the settlement, Squyres gets to keep 102 solar panels on his roof and 32 in his yard. He agreed not to apply for any more of the devices that convert sunlight into electricity. Squyres said his array of more than 130 solar panels is needed to create a net-zero home and feels such efforts to embrace green technology should be supported, not opposed. I think Im an early adopter, he said. I dont consider myself extreme.

Vague legislation
In 2011, Texas lawmakers approved legislation that prevented homeowners associations from banning or restricting solar energy devices on roofs and in fenced yards. But property owners must seek approval from their homeowners associations, which are required to approve the applications unless the devices cause unreasonable discomfort or annoyance to persons of ordinary sensibilities. That language has proved to be a sticking point for some Texas homeowners trying to go solar, said Kaiba White, policy and outreach specialist for Public Citizen, a Washington, D.C.-based advocacy group with an office in Austin. Unfortunately, the law, as it stands now, is a little vague, White said. She said most homeowners associations have complied with the law and added environmentally friendly language to their covenants. However, ordinary sensibilities is open to interpretation and can be used as grounds to deny a homeowners request, even if only one neighbor objects, she said. That language was cited by the Wellington HOA in documents filed in its lawsuit against Squyres over the solar panels that were visible to neighbors and passers-

www.dallasnews.com/news/metro/20130518-flower-mound-mans-fight-over-solar-panels-prompts-review-of-regulations.ece?action=reregister

1/4

5/20/13
by.

Flower Mound mans fight over solar panels prompts review of regulations | Dallasnews.com - News for Dallas, Texas - The Dallas Morning News

While the Association supports environmentally friendly initiatives, it must also consider and balance the use and enjoyment of land of all owners within our community, the HOA said in a letter to Squyres. The HOA also asserted that his extensive array of solar devices was generating more power than he needed for his home and the excess created a prohibited commercial use. Squyres denies creating a solar energy plant at his home. He admits it takes a lot of energy to power his two-story home and electric vehicles, but said he wouldnt be allowed to generate more power than he consumes. You have to submit your bills to Oncor, he said. You have to prove that youre using and thats what theyll pay.

Review requested
While Squyres fight with his HOA has been settled, the lengthy dispute has not gone unnoticed. Flower Mound Town Council member Steve Dixon, who lives in the Wellington subdivision, has asked the town staff to look into regulations for solar panels. While state law allows such devices in yards, he believes lawmakers didnt take into consideration neighborhoods like Wellington with open, steel or wrought iron fences instead of wooden privacy fencing. If I were one of his neighbors, I would be hot, said Dixon, referring to a bank of panels in Squyres backyard. Squyres said he will plant vegetation to obscure the panels. After being contacted by Wellington representatives, Rep. Tan Parker, R-Flower Mound, introduced legislation that would have prohibited solar panels from being visible from the street, covering more than 50 percent of the roof and generating excess electricity. The bill, modified after objections from advocacy groups, died in committee. But the modified version ended up drawing praise for addressing what some see as a flaw in the current law. The bill would have required HOAs to survey nearby neighbors to determine whether solar panels would mar their enjoyment of the land. A majority would prevail. White, of Public Citizen, liked the fact that it would draw opinions from a larger pool of residents. In the current law, you could have one neighbor hold it up, she said. Did you see something wrong in this story, or something missing? Let us know.

Massive tornado slams elementary school in Oklahoma City suburb

Firefighter killed in sixWhat you may not alarm fire that destroyed know about Josh northeast Dallas condos Lindblom before tonight's Rangers start

8 reasons doctors call summer 'trauma season' and how kids can keep safe

Comments

To post a comment, log into your chosen social network and then add your comment below. Your comments are subject to our Terms of Service and the privacy policy and terms of service of your social network. If you do not want to comment with a social network, please consider writing a letter to the editor.
Login to post a comment Login

Post

9 Comments
Kim Feil 19 hours ago

RSS | Subscribe

www.dallasnews.com/news/metro/20130518-flower-mound-mans-fight-over-solar-panels-prompts-review-of-regulations.ece?action=reregister

2/4

5/20/13

Flower Mound mans fight over solar panels prompts review of regulations | Dallasnews.com - News for Dallas, Texas - The Dallas Morning News
Its safer than gaswells in your backyards.
Reply 1 0

Dean Parsons 23 hours ago As a retired couple here in Oak Cliff, we find our solar system a life saver. We can spend our limited funds on things we really need instead of high electric bills. We have a 48 panel system producing 10.5 kWh on a 3500 sq ft home, the only time we have a electric bill is for 3 months in the summer. Thanks to the rebates offered by TXU and the federal tax credit the system was affordablele for us. We have been solar powered since 2010. But instead of electric vehicles we have 2 very nice CNG powered Honda Civic car & converted duel fuel Ford F150
Reply 3 0

Claude Hayward 1 day ago the joke will be when the NIMBYs get their house appraised and their value has fallen because they don't have solar, which is what intelligent people with the kind of dough it takes to live in those communities are going to want. Welcome to the 21st Century.
Reply 1 0

Trying To Win 1 day ago Really like the idea of solar panels. I've gone as far to say that I'm trying to rig a regular size windmill to generate enough electricity to charge a Nissan Leaf. If people in higher income brackets...say above $50,000 would start purchasing electric vehicles.....th en other people would do the same. A simple example to support my point is that you see people everyday with these fake, blue hid headlights. Why? because they want their vehicle to look like the person's who really does have the hid headlights. Everybody likes to emulate living well and smart. When I see these Arabs drving gold plated cars, silver plated cars, that ticks me off because I work for my living. Also, I don't see any manufacturers who make electric cars targeting non white people. This is a group who could benefit from driving an electrick vehicle. Just sell them on the idea of breaking away from the Mr. Me too big car/truck parade.
Reply 0 0

C 1 day ago Typical Flower Mound. Someone is trying to do something good, but that is not allowed in Flower Mound. Neighbors concerns are always more important. Shame on Dixon and surprisingly shame on Parker for trying to create unnecessary regulations to stop someone from using solar panels. I guess Flower Mound, the "Town of Codes and Regulations" is not going to change anytime soon, no matter what the Town Council says!
Reply 1 0

Rod Bower 1 day ago Many homeowner associations are run by folks who just like bossing other people around.
Reply 2 0

Missy Blankenship 1 day ago I walk past these solar panels almost every day, and not only do I NOT find them ugly, I am extremely happy to see one of my neighbors being so responsible. Are they visible from the walking path? Yes. Are they an eyesore? Definitely not.
Reply 3 0

Robert 1 day ago This is very similar to something that went on more than 20 years ago regarding satellite dishes. I lived in Valley Ranch and the Master Association (VRMA) as well as sub-association s had rules regarding the placement of satellite dishes. Of course, this was at the time that most dishes were about the size of Cleveland and they were, of course, not allowed in most residential areas. Then came the pizza-pan size dishes but the VRMA continued to enforce the rules and fine homeowners who were in violation. Fortunately, the FCC came along with a ruling meant to accommodate the smaller dishes, but it was not without a whole bunch of flaps being raised. I would suspect that over time, the same thing will happen with solar panels.
Reply 3 0

Brea Plum 1 day ago Anyone who would object to solar panels does NOT have "ordinary sensibilities". Indeed, they lack any sense at all.
Reply 3 0

www.dallasnews.com/news/metro/20130518-flower-mound-mans-fight-over-solar-panels-prompts-review-of-regulations.ece?action=reregister

3/4

5/20/13

Flower Mound mans fight over solar panels prompts review of regulations | Dallasnews.com - News for Dallas, Texas - The Dallas Morning News
Sponsored Results New Rule in FLORIDA: (APR 2013): If You Pay For C ar Insurance
www.C onsum e rFinance Daily.com

Mortgage Rates Hit 2.50% White House Program C uts Up to $1k off
www.Se e R e finance R ate s.com

MegaMillion Code Cracked? Professor Discusses How He Won Mega

www.se cre tm aste rform ula.com /cn/2.0

Sanitize/Deodorize Yard Pet Butler is #1 in the #2 business C all

www.pe tbutle r.com

www.dallasnews.com/news/metro/20130518-flower-mound-mans-fight-over-solar-panels-prompts-review-of-regulations.ece?action=reregister

4/4