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Article
Courtesy of The Sun Sentinel
By Joe
Kollin
Published October 31, 2007
Owners
in condo and homeowner association communities are trying to jump on the
"green" bandwagon. While some are successful, others meet
resistance.
Residents of WaterGarden, a 31-story condo in downtown Fort Lauderdale,
held the first meeting of their Green Committee on Oct. 23. Made up of
eight owners, it will find ways to help their association cut the use of
electricity and water, according to Joseph Campanella, who helped organize
the effort.
Committee members, who also hope to reduce the association's
$30,000-a-month electric bill, will make recommendations, such as shutting
off or dimming lights left on around the clock in common areas. They will
look for leaks in building plumbing. And, they will see if less fuel can
be used to heat the pool, possibly even replacing the heater with solar
panels.
"We're going to survey the entire building, from the roof to the
pool," Campanella said.
The committee invited Florida Power & Light Co.'s Community Outreach
Team to provide tips. It not only helped the committee, but offered to
check out all 315 apartments in the 3-year-old building.
Jennifer Hunter, the team manager, said it has been to other condo and
homeowner associations at the request of boards interested in going green.
Not all associations are as inclined to cooperate. Evan Gillespie wants to
put a solar panel on his roof to provide hot water to his house in Boca
Gardens at Boca Raton.
His board says no, despite a 1996 amendment to his association's documents
allowing rooftop solar heaters. Also, a 1992 state law says associations
must let unit owners use clotheslines, rooftop solar panels or other
energy devices regardless of their rules, covenants or deed restrictions.
In an Oct. 24 letter, the board rejected Gillespie's application, but said
he can install the solar panel at unspecified locations other than the
roof. If he reapplies, the letter said, the board will consider his
request.
Gillespie said that with a solar heater, he could save $30 to $50 a month.
A solar panel costs $4,000, but he estimates he will receive $2,500 in tax
rebates. The equipment would pay for itself in five years, he said.
"Governments are all excited about this, but the association is
against it," he said.
"I can't really discuss [the matter]," treasurer Edward Hawksley
said Tuesday.
Gary Poliakoff, the Fort Lauderdale-based attorney whose law firm
represents 4,300 Florida associations, said the state law forcing boards
to accept solar panels was a reaction in the early 1990s to an association
refusing to let an owner use a clothes line. The case went to court and a
state appeals court ruled in favor of the association.
Furious at the decision, the state adopted the law forbidding associations
from banning clothes lines, solar collectors and other devices.
Associations can restrict where on the roof the panels go but the location
can't impair their operation.
"Even though we have a statute on the books, [such bans are] very
prevalent," said Colleen M. Kettles, a lawyer who serves as executive
director of the Longwood-based Florida Solar Energy Research &
Education Foundation. "Although, once they know about the law, they
pretty much back down."
Gillespie said he plans to retain an attorney, but hopes it isn't
necessary to file suit against Boca Gardens.
Q&A
Q. At Las Verdes in Delray Beach, the homeowner association's monthly
newsletter always listed the names and meeting information for all the
owners' clubs. Now it requires each club to pay $25 per listing. One owner
asks whether that is legal.
A. There is no requirement for associations to provide monthly
newsletters; therefore, they are free to establish reasonable policies
concerning the production and distribution if they do, says Robert A.
White, a Coral Springs attorney who deals with association issues.
Charging is merely cost recovery, just like advertising, he adds, and as
long as there is no discrimination as to who is or is not included, it
actually benefits members by helping defray the cost of the newsletter.
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