hoatyranny
New Member
I have a 2nd house in a gated community, and a new developement in Rancho Santa Fe, Ca since Jan. 2007. We did landscape and swimming pool built with solar panel which was installed around September, 2007 just for the swimming pool after I got approval without any specific condition or restrion. When "we asked" the final inspection of our landscape July, 2009 which passed with "full compliance" after minor corrections, The architect and a consultant working for the management company asked me how long we had the solar panel to which I answered around 2 years. 2-3 weeks later she sent me an e-mail saying solar panel was not in the approved plan. By then my pool contractor left pool business and I was not able to reach him to confirm of the approval as he was responsible for all the permits, per contract which was done July, 2007, and one e-mail from him in August 2007 indicated he was waiting for the approval from the management company( differt from management company of now)to proceed with his work which subsequently he did, and we had a letter form HOA with approval. As the solar panel was in original contract with pool contractor I never new it was not in the plan. I explained this to DRC and submitted whatever they asked of me. and I had meeting with DRC Nov. 2009. and even offered several time we will take the solar panel down to which they responded saying they were not asking to remove it, if I must do and asked just to order me. More than 4 months later, after requesting me to sbumit so many things such as pictures and drawings etc. ,which they told us, just for the documentation and to complete paper works for the later( I do have e-mails to confirm all of this, and lead us to believe all the paper works satisfied when we had a meeting(myself, my wife and my landscaper attended) with DRC, we got a notice of hearing with only " 5" mins. with "intention of fine". Until we called final inspection after which we were entitled 1000 dollars of refundable deposit which they have not paid back almost 5 months after they informed us that all of our landscape was approved, almost 2 years they never said anything about our solar panel which has been present in their plain view, and I also have a suspicion of conflict of interest as the consultant working for the management company very diligently tried for me to contact a particular solar company of whihc she stated many communities they manage use him and very good, and when we met DRC where they led us to believe all paper works were satisfied and only substantial disccusion during the meeting was what kind of solar panel ,rigid vs flexible about which they had wrong information per my research, and I provided with literatures showing their misinformations, they even tried to give a brochure of that "Particular solar company" whose name given by the consulatant working for the management comapany. What do I do in this situation? I need help. I sent an e-mail to Board of Directors stating they didn't give any remedy if there was any violation of unapproved installlation of solar panel which I think at most from a simple omisson by pool contractor as only thing in the guideline of 2007 when my solar was installed, was to incorporate into roofplan which would have been just one drawing and could not be denied per Civil Code of California and Solar Energy Right. I also offered taking down of my solar if needed and after more tha 4 months providing what they requested of me and numerous e-mail and telphone contacts and a special meeting wiht DRC., now they want to have hearing of "5" minutes with "intention of fine"
