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Solar System Guidelines
The Association's Declaration requires as follows pertaining to Solar system installations:
Section 3.19 Air Conditioning and Heating Equipment. No heating, air conditioning,
air movement (e.g., swamp coolers) or refrigeration equipment shall be placed, allowed, or maintained anywhere on a Unit other than on the ground in the rear or side yard of any Unit; provided, however, that solar units meeting all governmental guidelines for residential uses may be located on the roof if (a) the solar unit is built into and made an integral part of the roof flashing or the structure of any dwelling constructed on such Unit, and (b) if specifically approved by the Design Review Committee in accordance with article 4.
The following guidelines provide additional clarification and guidance with regard to solar system installations within the community.
Solar Photovoltaic (PV) Systems must be specifically approved by the Heritage Hills HOA and Design Review Committee prior to installation by submitting an application to the Association per the guidelines below. ALL CONTRACTS, DESIGN PLANS, PERMITS, INSURANCE BINDERS, THE SOLAR SYSTEM AGREEMENT, AND ANY OTHER DOCUMENTATION REQUESTED OR REQUIRED PURSUANT TO SECTION 4.5 OF THE DECLARATION MUST BE COMPLETED AND ATTACHED TO THE DESIGN REVIEW COMMITTEE APPLICATION PRIOR TO APPROVAL AND ANY WORK STARTED.
All Solar PV Systems must be designed and installed by a professional, licensed contractor. The Design Review Submittal needs to be accompanied by a plan that is "to scale" from the licensed contractor who will be installing the system with material and/or manufacturer's description of system, photos/pictures of system and color of system.
The system must be grid-interconnected with the regular source of electricity provided by the utility company.
The Owner submitting an application for approval of a Solar System must also submit a signed Agreement in the form attached hereto.
Unless doing so will significantly decrease its performance, the solar system array must be flush mounted, that is, match the existing plane of the roof (parallel to roof line).
Any component of the solar system must integrate into the design of the home. The color of the Solar PV System components should generally conform to the color of the roof shingles to the extent practical (for instance, black frames on dark colored shingles, silver frames on light colored shingles). Solar "shingles" which mimic the look of a composite shingle may be acceptable but should match the color of the current roof shingles as much as practical.
Inverters and DC safety disconnects are typically mounted in the basement, garage, or near the electrical meter on the outside of a home. The safety disconnects are usually required by the local utility to be mounted next to the electrical meter. The Owner is required to obtain any City permits and inspections required in connection with the Solar PV System. Conduit should be installed near a drain pipe or other existing runs from the roof to hide the conduit as much as possible.
Heritage Hills Solar System Agreement
This Agreement, dated this day of , 20 , is between the Heritage Hills Homeowners Association and
(the owner, whether one or more) who owns the home having a street address of
, Lone Tree, Colorado.
At Owner's request, the Association has approved installation of a solar photovoltaic system (the "Solar System") on the roof of the home, subject to the agreements of the Owner as set forth in this Agreement.
Compliance with Approvals: The Solar System as installed must conform to the Solar System as approved by the Association. any changes to the location, configuration, color or other elements of the Solar System must be approved in writing by the Association. Owner must obtain any city permits and inspections required in connection with the Solar System with copies provided to the Heritage Hills HOA.
Maintenance: The Owner is solely responsible for all maintenance, repair and replacement of the Solar System. The Owner shall maintain the Solar System in a good and operable state of repair.
Removal: If the Solar System is ever inoperable for more than 120 consecutive days, the Association may require the Owner to remove the Solar System and return all affected areas to their original condition within sixty (60) days of the Owner's receipt of a written demand for such action from the Association. If the Owner fails to comply within such period, the Association may undertake such removal and bill the costs (together with a management fee of 25% of such costs) to the Owner. If not paid within thirty days of the Owner's receipt of such of an invoice from the Association, the invoiced amounts shall bear interest at the rate then provided for in the Association's collection policy and may be assessed and collected by the Association from the Owner as a specific assessment, and the Association shall have a lien on the home for such amounts.
Indemnification: The Owner shall be responsible for any and all damages to Association property or to other homes or property caused by the Solar System, regardless of the negligence of the Owner. The Owner shall indemnify and hold the Association harmless from and against any and all claims, damages, liability, or injuries caused by or related to the Solar System.
Binding of Future Owners: This Agreement may be recorded, at the Owner's expense, in the real property records of Douglas County. This Agreement is intended to, and shall be a covenant binding on the current Owner and all subsequent owners of the home (all of which are included in the term "Owner"), and shall bind and benefit the parties hereto and their respective heirs, personal representatives, successors and assigns forever.
Executed as of the date first set forth above.
By signing below the current Owners of agree to and understand their responsibility pertaining to the installation and use of a solar system.
Approval subject to the requirements of the Heritage Hills HOA. Design Review Committee Members' Signatures: