VILLAGE NIGUEL GARDENS COMMUNITY ASSOCIATION POLICY AND RULES FOR SOLAR INSTALLATION (Adopted March 28, 2016)

POLICY

Village Niguel Gardens Community Association (“Association”) has a policy of fully complying with the Federal, State and City laws and regulations. The Association does not get involved in any Rebate, Payback or other processes that may be available to Homeowners. In furtherance of this policy, it is understood that the Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) of the Association will not be applied so as to cause or result in a violation of Governmental Laws and Restrictions.

The Association currently owns the existing roof and substructure and is responsible for maintenance and repair of both. Once a solar system installation is approved by the Association, the homeowner assumes all responsibility and risk for the installation and maintenance of the system. Once the roof and/or substructure is penetrated or disturbed by the homeowner, they and all subsequent homeowners are responsible for maintenance and repair of the roof and substructure. Even if the panels and associated structure are removed in the future, the homeowner remains liable for the roof and substructure maintenance.

PROCESS

An Improvement Agreement is required between the Association and the homeowner prior to the installation. A Request for Architectural Committee Review (application) shall be submitted to the Architectural Review Committee (“ARC”). The submittal shall include the proposed exact location and dimensions of the solar system together with proof of notification of neighboring homeowners effected by the installation and all documentation (plans, drawings, layouts, etc.) necessary to install, operate and maintain the system. The Request form includes the requirement for two neighbor approvals. For solar installations, these approvals shall be from the neighbors who may get a reflective glare from the panels. Upon receipt of the application, the ARC will assure the installation takes into account community aesthetics, does not infringe on the neighboring roofs, that there will be no sun reflections into the neighboring residences and that no vents, exhausts or roof discontinuities shall be disturbed, modified or covered to install the solar system.

After the homeowner receives Association approval and before beginning construction, it is up the homeowner to obtain a permit from the City of Laguna Niguel.

INSTALLATION

All installations must be installed and maintained in a safe condition. Licensed, professional installers are required to insure a proper installation for the purpose of safety. The system shall be mounted on the roof so that it is not visible from the street. There shall be no impact on ingress and egress from a separate property or the common areas.

1