Revision: Dec. 2, 2019, 11:45 a.m.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.