Belmont Association, Inc. v. Farwig
Wake · NC · Supreme Court of North Carolina
Member win · architectural
What happened
Homeowners (Farwig) installed rooftop solar panels in Belmont (Wake County). The Architectural Review Committee denied approval for street-visible panels and the association imposed fines. The homeowners sought declaratory relief under N.C.G.S. § 22B-20; the trial court and a divided Court of Appeals sided with Belmont under the visibility exception in § 22B-20(d). On appeal of right based on the dissent, the North Carolina Supreme Court reversed and directed summary judgment for the homeowners on their declaratory-judgment claim.
What the court (or agency) held
The North Carolina Supreme Court held that Belmont's architectural-review denial of street-facing rooftop solar panels violated N.C.G.S. § 22B-20. Where the declaration did not expressly prohibit solar collectors but aesthetic ARC authority had the effect of prohibiting them, the restriction was void under § 22B-20(b). The Court held the § 22B-20(d) visibility exception did not apply absent an express solar restriction, reversed the Court of Appeals, and directed summary judgment for the homeowners on their declaratory-judgment claim.
Why this matters for members
North Carolina's solar statute voids covenants and ARC practices that effectively ban solar collectors unless an express solar restriction fits a statutory exception. Aesthetic ARC discretion alone is not enough to prohibit street-facing panels.
What the member did
Sought ARC approval and a resident petition, paid fines under protest to avoid lien escalation, counterclaimed for declaratory relief under the solar-collector statute, and pursued appeal to the Supreme Court.
Questions for the board
- Does our declaration expressly restrict solar collectors, or only general aesthetics?
- Are we denying solar applications in a way that effectively prohibits collectors contrary to § 22B-20?
- How do we document compliance with the solar statute before issuing fines?
Questions for a lawyer
- Does § 22B-20(b) or (d) apply to this ARC denial?
- Is there an express solar restriction in the recorded declaration?
- What declaratory and fine-related remedies follow a statutory violation?
Citation
Belmont Association, Inc. v. Farwig, 381 N.C. 306, 2022-NCSC-64 (2022); No. 214A21 (2022-06-17). Supreme Court of North Carolina. Outcome chip: member_win. Source: https://law.justia.com/cases/north-carolina/supreme-court/2022/214a21.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.