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Green Building Red-Lighted by Homeowners' Associations

Mark A. Pike
William & Mary Law School



William & Mary Environmental Law and Policy Review, Vol. 33, No. 3, 2009

Abstract:     
Homeowners are looking to make their property more energy efficient as the public grows increasingly aware of the impact an individual’s carbon consumption can have on climate change. As a result, green building architecture is quickly gaining approval by American homeowners; however, existing covenants, conditions, and restrictions have made it extremely difficult for many Americans to make their homes more energy efficient.

The rise in private government communities has created institutionalized impediments for homeowners who wish to make energy efficient changes to their property. These obstacles against green building advancements could potentially be remedied through combinations of the following: a liberalized interpretation of homeowners’ rights; an effective application of the Efficient Breach Theory; a revived sense of civic duty and democratic participation in common interest communities; and local, state, and federal legislative action.

Keywords: Green Building, Homeowners Association, HOA, CID, Solar Panels, Efficient Breach Theory, Covenants

JEL Classifications: K32, Q42, Q48, K12, D73

Accepted Paper Series

Date posted: May 21, 2009 ; Last revised: June 18, 2009

Suggested Citation

Pike, Mark A., Green Building Red-Lighted by Homeowners' Associations (May 19, 2009). William & Mary Environmental Law and Policy Review, Vol. 33, No. 3, 2009. Available at SSRN: http://ssrn.com/abstract=1407568


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Mark A. Pike (Contact Author)
William & Mary Law School ( email )
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