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Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am living in a Del Web community in georgia I had put in

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I am living in a Del Web community in georgia I had put in request to put solar hot water on my home. I was turn down , they said no solar panel in this community.Under the clear energy act is there a federal law or any georgia law to .pertect my right to put a solar panel on my home
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

Currently, private communities in Georgia - - like HOA's - - can prohibit solar panels from being installed. This is so because there is no state or federal law that guarantees one's right to install solar panels.

However, if the American Clean Energy and Security Act of 2009 (H.R. 2454) ever passes, the rights of all Americans to have solar panels would be protected. But, that hasn't happened yet. The only states that have legislation preventing HOA's from enacting and enforcing rules that prohibit solar panels are Arizona, California, Colorado, Delaware, Florida, Maine, Maryland, Massachusetts, Nevada, New Jersey, North Carolina, Oregon, Vermont, Virginia, and Wisconsin.

It's likely that laws will EVENTUALLY be enacted to give you the right to install solar panels, but it's not yet protected by law in Georgia.
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