EMBRACING CHANGE: RENEWABLE ENERGY

By Rafael Aquino

Published June 23, 2021  

 

Energy conservation laws may, to some extent, supersede architectural guidelines or requirements in the government documents if the resident is making modifications to conserve energy. Specifically, FS 163.04 says:

 

Energy devices based on renewable resources.—

 (2) A deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement. A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit. Such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south if such determination does not impair the effective operation of the solar collectors.

(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.

 

The association should take the following steps to address this issue in a manner that embraces new energy technologies and avoids conflict with forward-thinking residents:

 

1. Ad Hoc Committee: This needs to be set up to review the modification of architectural guidelines and as it relates to energy consideration modifications.

2. Attorney: Should be engaged in this process to review and provide final drafts of legal language and process to ensure optimal compliance and avoid wasted efforts and loopholes.

3. Resident Survey & Communication: This should be conducted to receive all inclusive feedback on the type of energy conservation modifications that the community is interested in. and keep everyone informed on the process.

4. New Guidelines: Should be inclusive of all acceptable energy conservation devices or modifications and methods of installation that will provide for the best aesthetic conformity and preserve the overall community appearance. For example, if solar panels are to be installed, they should be required to be installed away from the street view to the rear or side of the home.

5. Final Guidelines & Process: This should be posted on the community website and seamlessly embedded into the online architectural modification form/process to simplify requesting parties and approving parties.

 

Energy conservation is a reality that is happening now. Not embracing it and establishing guidelines now will only lead to a patchwork of different standards that will make the community look aesthetically unappealing and create internal strife and conflict.


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As the Co-Founder and CEO of Affinity Management Services, Rafael P. Aquino leads his team to redefine excellence. They serve community   associations   efficiently

and effectively with dedication and passion. Rafael’s energy and positive spirit is the foundation of Affinity Management Services’ company culture, which instills enthusiasm and excitement when providing expert advice to its board members and relieving the day-to-day burdens of running a community association.

 

Since 2007, Rafael has developed a work culture that values responsive and high-quality services. He has led his team by following a proactive vs reactive philosophy. The same approach Rafael instills in the day to day operations of each association. Today, Affinity Management Services maintains its success and benefits as a result of the foundation Rafael has built and continues to foster by providing educational seminars, continuing education classes for association managers and board members alike.


Rafael and his team help condominium and homeowners’ associations save money and improve their communities. His calm, personable, and service-oriented nature helps him to establish strong relationships with ease. Rafael is known as a sincere and honest leader who looks out for the best interests of his clients and communities, and he strongly advocates for their needs. His role requires coordination and communication, as such he takes logical and intelligent steps to approach challenges head-on.


As a graduate of Florida International University’s electrical engineering program and a licensed community association manager, Rafael’s education and skills equip him with unique insights to tackle complex problems through critical thinking. He understands how each component within a system works together in order to effectively arrive at solutions, techniques, and conclusions. Therefore, as he manages the multiple challenges of running a community association management company, he understands how each property is its own unique system and tailors’ specific services to assure that all their needs are met.

For more information about Rafael P. Aquino and Affinity Management Services please visit www.ManagedByAffinity.com or call 1-800-977-6279

Doral Office: 8200 NW 41st ST

Suite 200

Doral, FL 33166

Broward Office: 150 S Pine Island RD Suite 300

Plantation, FL 33324

O: 800-977-6279 ● F: 305-325-4053


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