With the new solar requirements coming into effect in 2020, we have confirmed that the DRE will maintain their “hands off” approach to reviewing solar (lease/sale) documents. That is, unless the Subdivider is a party or related subsidiary to the solar installer. In that case, the DRE will want to review every document, to ensure that consumer protection mechanisms are in place.
The movement from “Solar Optional” to “Solar Required” is not considered a material change that would necessitate filing for an Amended Public Report ~ unless you are recording New or Amended legal documents that should be referenced in the Public Report. Otherwise, the DRE is working to create a “special note” that will be inserted into Public Reports addressing the solar requirements generally.
Budget assessment programs will be impacted on attached dwellings because the HOA is usually responsible to repair and/or replace the solar systems. DRE will be paying particular attention to the cost allowances for maintenance and replacement of the panels, as well as associated maintenance and repair costs.
Our office will be continuing to work closely with our clients and solar installers statewide, in order to ensure that the budgeted costs are reasonable and well documented to avoid delays in the approval process.