An association officer’s duties on being ‘green’
Q: My husband is on our condo board. He has been reading about the duties and responsibilities in fulfilling this role. I’ve been reading about the green movement and that some states have passed laws to facilitate green practices. Is there anything he should know about an association officer’s duties to save the environment?
A: Community association board members have a responsibility to protect and maintain the assets of the association. There is nothing in community association related statutes that specifically address the environment. Nevertheless, many associations are concerned about protecting the environment and are especially interested in the related issues of high energy costs.
High energy costs and environmental concerns aren’t the only reasons community associations should undertake energy-saving measures. Some states have passed laws making it easier for association members to use more energy-saving devices. For example, Hawaii and Utah have laws that specifically safeguard clothesline-drying rights. And states such as Nevada and Alaska don’t allow associations to prohibit solar panels and other power generators. The new administration has made energy conservation and the adoption of new sources of energy as a major goal and we will hear more about these efforts.
There are several things that associations can do now to reduce energy consumption. Associations can implement many practices aimed at reducing and managing energy consumption efficiently. For example, associations can replace routine paper mailings. E-mail and a well-developed Web site can be used to replace some of the routine mailings not required by Florida statute. Minutes, copies of budgets and financials can be distributed electronically. Electronic communication may save an association thousands of dollars.
Consider using xeriscape landscaping. The goal of xeriscaping is to create an attractive landscape that uses plant and horticulture techniques selected for their water efficiency. Most xeriscape designs are more concerned with proper irrigation and water-use reduction than with eliminating water use altogether. Rather than having expansive grassy lawns everywhere, your community should consider having grass only in smaller areas.
Energy audits have been used with success by many community associations. With the help of a qualified professional, a thorough energy audit may identify additional ways to save energy and money for your association. A professional energy auditor can examine your building from top to bottom and provide a list of energy-trimming measures, along with the cost and potential savings from each one.
The state law governing solar energy devices, such as solar panels and retractable window awnings or other energy-reducing shade structures, allow reasonable restrictions to be placed on them. These restrictions may include limits on the dimensions, placement and external appearances of the devices. However, the laws provide that an association cannot prevent the installation of a solar energy device. If you or your husband have concerns about these issues, consider discussing them with an attorney.
Attorney Sylvia Heldreth is a Certified Specialist in Real Estate Law. Her office is located at 1215 Miramar Street in Cape Coral.
This article is not intended as specific legal advice to anyone and is based upon facts that change from time to time. Individuals should seek legal counsel before acting upon any matter involving the law.