HB1215 (2020) Detail

Relative to the installation of solar energy systems in condominiums and homeowner associations.


HB 1215 - AS INTRODUCED

 

 

2020 SESSION

20-2370

10/01

 

HOUSE BILL 1215

 

AN ACT relative to the installation of solar energy systems in condominiums and homeowner associations.

 

SPONSORS: Rep. McWilliams, Merr. 27; Rep. McGhee, Hills. 40; Rep. Merner, Coos 7

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill prohibits the enforcement of condominium and homeowners association provisions which require greater than a simple majority vote to consent to the installation and use of a solar photovoltaic energy system.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2370

10/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the installation of solar energy systems in condominiums and homeowner associations.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Condominium Act.  Amend RSA 356-B by inserting after section 19 the following new section:

356-B:19-a  Installation of Solar Photovoltaic Energy Systems; Majority Vote.  Notwithstanding any contrary requirement under this chapter or any greater vote requirement in a condominium instrument or bylaws, no condominium shall require a vote of the unit owners of greater than a simple majority to consent to the installation and operation of a solar photovoltaic energy system in or on a unit, a common area, convertible space, or roof.  A solar photovoltaic energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.

2  New Section; Interests in Realty; Solar Photovoltaic Energy Systems.  Amend RSA 477 by inserting after section 22-a the following new section:

477:22-b  Solar Photovoltaic Energy Systems; Enforcement of Restrictions.  No property restriction or private land use restriction, including any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, that requires greater than a simple majority vote to consent to the installation or use of a solar photovoltaic energy system shall be enforceable.  Such property restriction or private land use restriction shall be enforced as a simple majority vote requirement.  A solar photovoltaic energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.

3  Effective Date.  This act shall take effect 60 days after its passage.

Links

HB1215 at GenCourtMobile
HB1215 Discussion

Action Dates

Date Body Type
Jan. 29, 2020 House Hearing
Feb. 18, 2020 House Exec Session
Sept. 1, 2020 House Exec Session

Bill Text Revisions

HB1215 Revision: 6860 Date: Dec. 2, 2019, 11:45 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Commerce and Consumer Affairs HJ 1 P. 13
Jan. 29, 2020 Public Hearing: 01/29/2020 10:15 am LOB 302
Feb. 13, 2020 Subcommittee Work Session: 02/13/2020 09:30 am LOB 302
Feb. 18, 2020 Executive Session: 02/18/2020 01:00 pm LOB 302
Committee Report: Refer for Interim Study (Vote 18-0; CC)
March 11, 2020 Committee Report: Refer for Interim Study for 03/11/2020 (Vote 18-0; CC) HC 10 P. 5
March 11, 2020 Refer for Interim Study: MA VV 03/11/2020 HJ 7 P. 6
Sept. 1, 2020 Full Committee Work Session: 09/01/2020 02:00 pm Members of the public may attend using this link: https://www.zoom.us/j/99708430633 - Executive Session to Follow