Solar Access Law

H.B. 5028, enacted in June 2024, declares that any provision within a homeowners' associations agreement that prohibits or has the effect of prohibiting the installation of a solar energy system is invalid and unenforceable as contrary to public policy. The law provides similar protections for the installation of:ClotheslinesAir source heat pumpsGround source heat pumpsInsulationRain barrelsReflective roofingEnergy efficient appliancesSolar water heatersElectric vehicle supply equipmentEnergy-efficient windowsEnergy-efficient insulation materialsThe bill also directs each homeowners’ association in this state to adopt a written solar energy policy statement. The statement may not result in a reduction in the production of electricity by the solar energy system by more than 10% or increase the total cost of the installation of the solar energy system to the member by more than $1,000.00. A member who wants to install a solar energy system in the member’s home or unit shall submit a written application to the homeowners’ association. A homeowners’ association must approve or deny the member’s request to install a solar energy system within 30 days after receipt of the written application. The bill also specifies that a member may bring a civil action against the homeowners’ association for damages. If the member prevails in an action brought under this act, the court may award reasonable attorney fees and the costs incurred in bringing the action.