Bill Text - HB1535 (2020)

(New Title) relative to installation of solar photovoltaic energy systems by owners subject to deed restrictions in a homeowners association.


Revision: March 12, 2020, 4:22 p.m.

HB 1535 - AS AMENDED BY THE HOUSE

 

11Mar2020... 0900h

2020 SESSION

20-2587

10/01

 

HOUSE BILL 1535

 

AN ACT relative to installation of solar photovoltaic energy systems by owners subject to deed restrictions in a homeowners association.

 

SPONSORS: Rep. McConnell, Rock. 11; Rep. Van Houten, Hills. 45; Rep. Backus, Hills. 19; Rep. Merner, Coos 7; Sen. Feltes, Dist 15; Sen. Dietsch, Dist 9

 

COMMITTEE: Commerce and Consumer Affairs

 

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AMENDED ANALYSIS

 

This bill prohibits deed restrictions or covenants of homeowners' associations from prohibiting or restricting the installation and use of a solar photovoltaic energy system.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0900h 20-2587

10/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to installation of solar photovoltaic energy systems by owners subject to deed restrictions in a homeowners association.

 

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

 

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

477:22-b  Solar Photovoltaic Systems; Enforcement of Restrictions; Homeowners' Associations.

I.  Any covenant, condition, or restriction contained in any deed, contract, mortgage, security instrument, or other instrument pertaining to a conveyance, sale, or transfer of real property or interest therein which prohibits or unreasonably limits the installation or use of a solar photovoltaic system by an owner on the real property controlled by such owner, and not in any shared or common area, shall be void and unenforceable.

II.  A covenant, condition, or restriction shall be considered unreasonable for the purposes of this section if it significantly increases the cost and expense of the solar photovoltaic system to its owner or user, or significantly decreases its efficiency, or otherwise effectively discourages the installation or use of a solar photovoltaic system.

III.  This section shall apply to the installation and use of a solar photovoltaic system by an owner in a homeowners' association on and after the effective date of this section.  

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

HB 1535 - AS AMENDED BY THE HOUSE

 

11Mar2020... 0900h

2020 SESSION

20-2587

10/01

 

HOUSE BILL 1535

 

AN ACT relative to installation of solar photovoltaic energy systems by owners subject to deed restrictions in a homeowners association.

 

SPONSORS: Rep. McConnell, Rock. 11; Rep. Van Houten, Hills. 45; Rep. Backus, Hills. 19; Rep. Merner, Coos 7; Sen. Feltes, Dist 15; Sen. Dietsch, Dist 9

 

COMMITTEE: Commerce and Consumer Affairs

 

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AMENDED ANALYSIS

 

This bill prohibits deed restrictions or covenants of homeowners' associations from prohibiting or restricting the installation and use of a solar photovoltaic energy system.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

11Mar2020... 0900h 20-2587

10/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to installation of solar photovoltaic energy systems by owners subject to deed restrictions in a homeowners association.

 

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

 

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

477:22-b  Solar Photovoltaic Systems; Enforcement of Restrictions; Homeowners' Associations.

I.  Any covenant, condition, or restriction contained in any deed, contract, mortgage, security instrument, or other instrument pertaining to a conveyance, sale, or transfer of real property or interest therein which prohibits or unreasonably limits the installation or use of a solar photovoltaic system by an owner on the real property controlled by such owner, and not in any shared or common area, shall be void and unenforceable.

II.  A covenant, condition, or restriction shall be considered unreasonable for the purposes of this section if it significantly increases the cost and expense of the solar photovoltaic system to its owner or user, or significantly decreases its efficiency, or otherwise effectively discourages the installation or use of a solar photovoltaic system.

III.  This section shall apply to the installation and use of a solar photovoltaic system by an owner in a homeowners' association on and after the effective date of this section.  

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