SB 109 - Under this act, any declaration of a planned community that prohibits or has the effect of prohibiting the installation of a solar energy system is only enforceable under certain conditions, including that the system shall not threaten public health or safety, violate any law, be located on common homeowners' association property, and is not located in the front yard of the home. Further, if the system is to be located on the homeowners' roof, the system shall meet certain conditions as set forth in this act. This act also provides that the architectural covenants of a planned community shall apply to such systems.

Under this act, any homeowner seeking to install a solar energy system on their home shall provide notification to their homeowners' association. The homeowners's association shall then respond to the homeowner's notification within 30 days stating if the system complies with certain roof requirements. If the homeowners' association denies the homeowner the ability to install the system based upon roof requirements, this act provides that the homeowner may install the system upon collecting a majority of signatures on a petition from homeowners belonging to the association.

In any judicial proceeding arising under this act, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

This act is identical to SCS/SB 631 (2016), and is similar to SB 47 (2015), SB 579 (2014), and SB 368 (2013).


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