Townhouse Resident first to install Solar Electricity in Aliso Viejo

By Lois Evezich Aliso Viejo News 2002.1.17

Robert and Mary Nichols recently installed a photovoltaic system on the roof of their townhome in Aliso Viejo. Nichols said these solar panels use the same technology as the International Space Station to produce electricity, and the system has just become commercially viable.

A photovoltaic system converts the light of the sun directly into electricity and reduces the homeowner's electric bill by the amount of electricity generated, said Nichols.

Many neighborhoods in south Orange County have homes that have solar systems using the sun's energy to heat circulating water, thus reducing the gas bill used to heat it. The photovoltaic system is rapidly becoming known as a cost- and energy-saving alternative as well.

Nichols said the $15,000 needed to pay for this system came entirely from recycling efforts and rebates from the California Energy Commission.

The CEC gives a rebate of $11,000 for this grid-tied net metering system to residents to encourage California citizens to deal with its energy dilemma.

"The unique thing about this system is that it's installed on a townhouse where the owner does not own the roof," said Nichols. "The homeowners' association does. There's a little-known statute in the California Civil Code, Section 714, which denies any homeowners' association the ability to exclude solar energy."

Nichols said that his Laurelmont Homeowners' Association at first denied him permission to
install the solar panels. He made them aware of California Solar Rights Act. According to this
legislation, codes, covenants and restrictions that prohibit solar panels are void and
unenforceable. The legislation says that it's the state's policy to promote and encourage the use
of solar energy systems. Reasonable restrictions are those that do not significantly increase the
cost of the system nor significantly decrease its efficiency or performance.

State and local permitting authorities do impose standards and requirements. Solar systems must
be certified by the Solar Rating and Certification Corporation (SRCC) or other nationally
recognized certification agencies. SRCC is a nonprofit third party supported by the United States
Department of Energy.

HOAs are also warned that approval cannot be avoided or delayed. Any entity that violates this
section can be liable for fines or penalties of $1,000 paid to the homeowner plus attorneys' fees.

The installation of solar systems on common property owned by HOAs can be restricted by the
HOAs, however.

Installers are liable to any damage to the roof incurred during installation, and are responsible for
damage caused by maintenance or use of the system, according to the California Solar Rights
Act. However, Nichols agreed to a contract that makes him and his wife responsible for
maintaining the function and appearance of the solar panels. They are also responsible for
additional costs such as re-roofing.

The system the Nichols have consists of 25 125-watt solar panels, each 2.5 feet by 5 feet. During
peak production times in the day, the meter actually spins backwards as a credit and supplies
green energy to the grid when demand is at a peak. When it rains and during the night, the meter
will spin forward and debit the account. Nichols said the system produces about 80 percent of
their electrical needs.

Mayor Carmen Vali sent a letter of commendation to the Nichols praising their efforts to
conserve energy.

"It may be a humble first for our community," he said, "but hopefully it can be a way to
demonstrate progressive ideas. And maybe leaders and citizens will be inspired to think outside
of the box.

"We're doing our part to help minimize the impact we have on the environment," said Nichols.
"There's something primal about using the power of the sun for our daily needs. There's also
great patriotic satisfaction in being energy independent."