SB 526

Abstract

Creates the Homeowners' Solar Energy Act. Provides that no bylaw or action of a homeowners' association, property owners' association, or a condominium unit owners' association shall prohibit or be interpreted to prohibit a solar energy system or other energy device based on a renewable resource. 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 or other renewable resource energy device from being installed on residential dwelling property that does not exceed 3 stories. Provides that an owners' association may determine the location of a solar energy system. Provides that solar energy systems shall be certified by the Solar Rating and Certification Corporation (SRCC) or another nationally recognized certification entity. Provides that an application for the installation of a solar energy system shall be processed and approved as an application for architectural modification and shall not be willfully avoided or delayed. Provides that any entity, other than a public entity, that willfully violates this Act shall be liable to the applicant or other party adversely affected for actual damages. Provides that in any litigation under this Act, the prevailing party is entitled to reasonable attorney's fees. Provides that the legislative purpose of this Act is to protect the public health, safety, and welfare by encouraging the use of renewable resource energy systems to conserve and protect land and resources and prevent measures which will drive the cost of owning residential property beyond the capacity of private owners.