HB 2174

Abstract

Amends the Homeowners Energy Policy Statement Act. Requires any energy policy statement to explicitly include the minimum standards. Provides that a written energy policy statement may not condition approval of an application on approval by adjacent property owners. Restricts an association from inquiring into a property owner's energy usage, imposing conditions impairing the operation of a solar energy system, imposing conditions negatively impacting any component warranty, or requiring post-installation reporting. Provides that a property owner may not be denied permission to install a solar energy system based on system ownership or financing method chosen by the property owner. Allows an association's written energy policy statement to impose reasonable conditions concerning the location of on-site storage of materials and equipment during the installation process and the maintenance, repair, replacement, and ultimate removal of damaged or inoperable systems. Provides that no energy policy statement shall be valid unless recorded as required by applicable law in the office of the recorder of deeds in the county where the property is located. Requires an application for approval to be made available in hard copy form at a property owner's request or, if the association maintains a website, through the website. Provides that an application shall be processed by the appropriate approving entity of the association within 30 (rather than 75) days of the submission of the application. Provides that if an association fails to adopt a written solar energy policy statement or process an application for approval within the specified time, the property owner may proceed with the installation or use of the proposed solar energy system notwithstanding any other policy or provision in the homeowners' common interest community or condominium unit owners' association declaration. Allows a property owner to resubmit an application for approval previously denied by an association, and requires any such resubmitted application shall be evaluated under the changes made by the amendatory Act. Makes conforming and other changes. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that a property owner may not be required to utilize specific technology, including, but not limited to, solar shingles rather than traditional solar panels, 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. Removes language providing that an association's written energy policy statement may impose reasonable conditions concerning the location of on-site storage of materials and equipment during the installation process. Provides that an association's written energy policy statement may impose reasonable conditions so long as such conditions are not more onerous than the association's analogous conditions for nonsolar projects. Removes language providing that no energy policy statement shall be valid unless recorded as required by applicable law in the office of the recorder of deeds in the county where the property is located. Provides that any provision of a homeowners' common interest community or condominium unit owners' declaration or energy policy statement that conflicts with the Act shall be void and unenforceable as contrary to public policy. Effective immediately. Senate Floor Amendment No. 1 Provides that before a property owner may proceed with the installation or use of the proposed solar energy system based upon the association's failure to adopt a written solar energy policy statement or process an application for approval within the specified time, the property owner must first give the association written notice of the alleged failure and 10 business days to cure that alleged failure. Provides that during those 10 business days, the association may only adopt the policy statement or process the application; the association may not take other action, including, but not limited to, seeking injunctive relief, during those 10 business days.