Our initial scan found 7 potential issues in your governing documents.
We checked the 2 public PDFs on Apple Valley POA’s website against current Ohio and federal HOA law—and more issues may exist depending on the documents you load.
✓Rules & Enforcement Policies✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
Community Rules, Architectural & Enforcement Policies · Sec. Architectural Control Committee Rules, Section 14 (Solar Panels) · Page 1
Rule or Bylaw clause prohibits solar energy collection devices without a specific prohibition in the recorded Declaration, violating Ohio SB 61.
Operative Clause · Sec. Architectural Control Committee Rules, Section 14 (Solar Panels) (Page 1)
“Solar panels shall not be installed on any roof plane facing a street or the lake, and ground-mounted solar panels are prohibited on all Lots.”
Why It’s Flagged
Ohio Rev. Code § 5312.16 (Ohio Planned Community Law)
Under Ohio Rev. Code § 5312.16 (Ohio Planned Community Law) (enacted by Ohio SB 61, effective September 13, 2022), unless the recorded declaration specifically prohibits solar energy collection devices, an owners association may not prohibit an owner from installing a solar energy collection device on the roof of the owner's home or unit if the cost to insure, maintain, repair, and replace the roof is the owner's responsibility.
Any reasonable restrictions on size, place, or manner must establish an equivalent or lesser standard than that imposed on other architectural elements.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Pursuant to Ohio Rev. Code § 5312.16 (Ohio Planned Community Law) (Ohio SB 61), unless expressly prohibited in the recorded Declaration, Owners whose roofs are maintained and insured at the Owner's expense may install solar energy collection devices, subject only to reasonable, non-discriminatory architectural guidelines regarding size, placement, and manner of installation.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
6 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 6 remaining issues—plus load up to 10 PDFs for complete review.
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