67-701 - Covenants regarding solar power.
§ 67-701. Covenants regarding solar power.
A. Effective July 1, 2008, no community association shall prohibit an ownerfrom installing or using a solar energy collection device on that owner'sproperty. However a community association may establish reasonablerestrictions concerning the size, place, and manner of placement of suchsolar energy collection devices.
B. The community association may prohibit or restrict the installation ofsolar energy collection devices on the common elements or common area withinthe real estate development served by the community association. A communityassociation may establish reasonable restrictions as to the size, place, andmanner of placement or installation of any solar energy collection deviceinstalled on the common elements or common area.
C. This section shall not apply with respect to any provision of arestrictive covenant that restricts the installation or use of any solarcollection device if such provision became effective prior to July 1, 2008.
Nothing in this section shall be construed to (i) invalidate any provision ofa restrictive covenant that prohibits or restricts the installation or use ofany solar collection device if such provision was in effect before July 1,2008, or (ii) prohibit the amendment of a restrictive covenant to prohibit orrestrict the installation or use of any solar collection device, or to removeprohibitions or restrictions on the installation or use of any solarcollection device if such amendment is adopted by the membership of thecommunity association in accordance with such association's governingdocuments.
(2006, c. 939; 2008, c. 881; 2009, c. 866.)