Dr. Tim Adams and his wife, Cindy are proud of the home they've created for their eight children in their South Shore Heights subdivision, south of Lake Zorinsky. They’re especially proud of solar panels they had installed on their roof last fall.
The very idea of alternative energy, “to reduce our reliance on foreign oil,” was a big draw for Adams. “Another big one,” he said, “cleaner energy source. But it’s really, really about our kids’ future and making sure that we pass on a better world for them.”
He says the $40,000 investment, minus a $13,000 tax credit, will pay for itself in energy savings within the next 10-12 years. That is – unless they are forced to spend $6,000 more to tear the whole thing down.
“The board has decided to make an example out of this,” he said, “but they’re really going after the wrong issue here – solar energy. They should be going after a neighbor not keeping their house up and decreasing property values.”
The neighborhood covenants state, among other restrictions: “No … solar heating or cooling device… shall be constructed, erected, placed or permitted…” There are exceptions, if the H.O.A. has granted permission.
South Shore Heights H.O.A. President explained the purpose of covenants. “There is a level that you need to be careful that it doesn't really detract from the neighborhood or bring down the values of the homes next to you.”
However, Adams says the wording in his neighborhood’s covenants is outdated. He said the term “solar heating or cooling devices.” Adams says those are different from the low-profile solar panels on his home. Those the covenant refers to "have nothing to do with creating energy or eletricity for your home or the electric grid like solar panels do," he says.
Adding to his family's frustration, “We have two board members adjacent to our home. They knew the construction was going on, but yet it took the complaint for them to act.”
They acted, by having neighbors cast their ballots as to whether covenants should be upheld and the solar panels removed or if they should stay.
“It's a tough situation,” said Williams. “Let's face it, oil's getting expensive - things like that. And I don't think it was something we as the board should have just made a unilateral decision.”
Williams said with 55% voter turnout, “We had a two to one vote for removing the panels, so 81 for removing them and 41 for letting him keep the panels.”
The wording on the ballot, Adams believes, is confusing and may have misled neighbors. “A lot of people voted to preserve the covenants, but was their vote really to pursue a legal action? Who knows?”
Williams said, "There's nothing against solar panels themselves. As a matter of fact, in other situations I would probably recommend it. In this neighborhood, the personal opinion of mine doesn't count. It's what the vote of the neighborhood was."
The Adams aren’t giving up without a fight, advertising their case and the case for solar energy in a billboard along I-80 at 84th Street. They've also started a website, southshoreheightslawsuit.com.
"But the thing is, though, we're not giving up on this neighborhood. We love our house. We love our neighbors," Adams said.
Williams said the case is a good reminder to home owners in other neighborhoods. “If you're going to invest that kind of money, make sure you can."
He added, “We've got great people in the neighborhood, people who care, and this is a little bit divisive. It is a little frustrating for everyone involved."
The Douglas County Register of Deeds tells Channel 6 News that most neighborhoods newer than 30 years have some type of covenants on the books. The rules should be outlined within our home-closing paperwork. Anyone who questions whether they are subject to covenants can look up the property deeds at her office.
Covenants do have expiration dates and lose their validity unless a neighborhood votes to renew them. South Shore Heights renewed its covenants in 2006.
