SB 368 - Under this act, the adoption of a bylaw or exercise of any power by the governing entity of an association (common interest community association, condominium unit owners' association, homeowners' association, etc.) which prohibits or has the effect of prohibiting the installation of a solar energy system is expressly prohibited. The act further provides that no deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting a solar energy system from being installed on a building subject to an association. In addition, a property owner shall not be denied permission to install a solar energy system by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property.
The act provides that a solar energy system shall meet applicable standards and requirements imposed by state and local permitting authorities.
Under the act, an association may adopt reasonable rules regarding the placement of solar energy systems if such rules do not prevent the installation of the system, impair the functioning of the system, restrict the system's use, or adversely affect the cost or efficiency of the solar energy system.
The act requires a court to award reasonable attorney fees and costs to any party who substantially prevails in an action against any association for a violation of the act.
STEPHEN WITTE