Friday, June 1, 2012

Covenants and Neighbors’ Concerns

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If you want to install a wind system, the first step you must take is to check covenants — if you live in a covenanted community. Covenants govern many aspects of peoples’ lives — from the color of paint they can use on their homes to the installation of privacy fences. They are typically found in subdivisions, even rural subdivisions. Covenants sometimes expressly prohibit renewable energy systems, such as solar electric systems. They may, however, be silent on wind systems, because these systems are rarely installed in neighborhoods.

Covenants from homeowner associations can create a huge obstacle to wind system installations. Even with permission from the zoning department and a permit from the local building department,



(discussed next) restrictive covenants in force in many neighborhoods can block an installation.

Unfortunately, courts have consistently upheld the legality of covenants. If you live in a covenanted community, contact the head of the homeowners’ or neighborhood association to see what their rules are. Do this before you obtain a building permit.

Even in the absence of restrictive covenants, you should consider the needs and desires of your neighbors unless you live on a large piece of property in the country with few, if any, neighbors. Don’t expect your neighbors to be as enthusiastic about a wind turbine as you are. In Chapter 1 we gave you some information to offer worried neighbors. For example, we gave you the facts about the terribly misinformed, but very common, concern over bird kills.

Be prepared to respond to all concerns without being defensive. You may want to show your neighbors pictures of the wind turbine and tower to allay their fears. If you are good at Photoshop, you can even take a photo of your home from their house and place a picture of the wind turbine and tower on your property so they can see what it will look like. If you are thinking about installing a grid-connected system, let them know that you’ll be supplying part of their energy, too.

While you are at it, be sure to check out local sound ordinances, if any, to ensure you’ll be in compliance. Let your neighbors know that you are concerned about protecting them from unwanted sound and are doing everything possible to safeguard them — for example, by mounting your turbine on a tall tower in a location on your property that minimizes sound beyond your property line.

Some companies offer Q & A sheets for residential wind machines. They address many common concerns and can be a great resource when warming your neighbors up to the idea of a wind turbine on your property. You might make copies to pass out in person to neighbors. (A typewritten summary of key points also works well.) Don’t leave material in mailboxes. It’s very likely not going to be read unless you hand it to your neighbors personally. Also, resist the temptation to overwhelm them with written material. It’s best to talk to your neighbors in person so you can address
their concerns directly — before they are blown out of proportion.

Giving neighbors advance notice, answering questions they have, and being responsive to their concerns is the best way to avoid misunderstandings and problems later.

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