An open letter to our neighbors

Help us
keep our home.

The Brighton Forest board has started fining our family and threatening foreclosure over the solar panels on our roof, and now we're suing to keep our home. Our neighbors can help. The problem is the ARC guidelines. They're vague in ways that allow for misinterpretation and don't align with North Carolina law. What we're proposing settles a lot of concerns neighbors brought to us after we shared our story.

Read our story →

And help improve your neighborhood.

What started as a fight to keep our home has become a chance to fix what isn't working for many of us.

Stand with us → What we're asking for →
The Schertzinger family home at Brighton Forest
An update for our neighbors

Turning your support into action that benefits your community.

We want to thank you all for the outpouring of support we received after sharing our story about suing the HOA. It has meant more to us than you could imagine.

We've spent a lot of time since then thinking about how to turn that support into something actionable that improves the experience of living in Brighton Forest for the whole community, and not just our household.

What we heard is a theme across many of the responses: a lack of consistency in the assessment and application of our covenants and guidelines, and a lack of transparency and accountability overseeing board operations and conduct.

More on the board →

A comment we received
BF is a highly sought-out neighborhood for many reasons. Front-facing solar panels is not one of them and is probably a minus on that list. I, personally, have no interest in solar, and I have no interest in looking at a neighbor's solar panels on the front of their house.

This is exactly why we need clear rules.

While this is a perfectly valid opinion, consider an individual on the board willing to deny your legal rights because they personally dislike solar panels. Under North Carolina law, an HOA can't use general aesthetic objections to override a homeowner's right to install solar. But that doesn't stop an unaccountable board from trying when anything they find unappealing becomes fair game.

Vague language doesn't help homeowners. It only helps a board or committee member who wants to impose their personal preferences on everyone else. That's why we want to update the guidelines so homeowners have clear guidance, and so no one on the board can bend the rules or the law to suit themselves.

See the proposed changes →

A small example

What does whenever possible actually mean? And who decides what is and isn't possible?

The current ARC guidelines lean on hedging phrases like whenever possible and as inconspicuously as possible, leaving every decision to the reviewer's reading of the day. Two neighbors with the same project can get two different answers. That isn't anyone's fault. It's the language. Here's the kind of change we're proposing.

Current language: Brighton Forest ARC, Solar Collectors
"Solar collectors must be installed as inconspicuously as possible. Whenever possible, collectors should be placed on the rear of the home or on the side that has the least public exposure… Every effort must be taken to camouflage the plumbing and supports of the collectors, which may require completely encasing the collectors."
Vague and restrictive. "As inconspicuously as possible" and "whenever possible" are decided by the reviewer, and a rule that can require hiding or "completely encasing" panels can conflict with NC solar access law.
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Proposed language
"Homeowners may install solar collectors in the location needed for effective solar access. Consistent with N.C.G.S. § 22B-20, the Association may regulate only the location or screening of collectors, and only where doing so does not prevent their reasonable use or reduce their energy output."
Clear and lawful. Tracks North Carolina's solar access law, so every homeowner gets the same answer. The review process stays in place.
Precedent from another NC HOA

This is what a board that listens and communicates looks like.

The Riverbend HOA avoided legal fees and lawsuits by listening to its residents and voluntarily aligning with NC law.

From the Riverbend HOA board to its homeowners

UPDATE regarding solar panel installation in Riverbend

Due to an increase in ARC requests regarding solar panel installation, and further research into this emerging energy technology, the Board of Directors recently discussed amending the HOA's position on solar panels in the neighborhood.

Our CC&Rs Article 13 Section F subsection 28 states, "No solar energy collector panels or attendant hardware or other energy conservation equipment shall be constructed or installed on any structure located on a Lot unless approved in writing by the Committee," with the committee referencing the Architectural Review Committee.

The prevailing rule for solar panel requests has always been to allow install of panels as long as they were installed on the rear side of the house and not visible from the front street.

In order to stay in step with changing times and the desire of many Riverbend homeowners to use renewable energy, the Board is changing the current requirement on solar panels to now consider installation on any location on the roof that would be inline with achieving the best performance for solar energy. Roof locations would have to be detailed in the ARC request with information from a reputable, professional solar energy installation company explaining the need to install the panels in a location other than on the rear of the house.

Any previously submitted solar panel request that were denied due to placement being on the front of the roof will be approved.

That is what we are asking the Brighton Forest board to do.

Brighton Forest, together

The HOA works for us. Let's help it work better.

If you'd like clear rules, transparency, and accountability from your HOA, add your name and we'll keep you posted.

Read the full proposal