HB389: HB389 Property; prohibit homeowners' associations from preventing property owners from installing solar energy devices; provisions

Currently, Georgia condominium, property owners', and homeowners' associations can restrict or block residents from installing solar energy devices, including on roofs the association is responsible for maintaining. This bill would change that across three parts of Title 44 of the Official Code of Georgia Annotated, covering condominiums, property owners' associations, and homeowners' covenants. The bill defines 'solar energy device' consistently in each section and adds new Code sections saying associations cannot prohibit, restrict, or charge a fee or permit cost for installing, maintaining, or using a solar device on an owner's roof, even if that roof is a shared element the association maintains. Any association rule or covenant that conflicts is void. If roof maintenance later becomes necessary, the owner who installed the device must pay to remove and reinstall it. These rules would apply to instruments, covenants, and association rules created or renewed on or after January 1, 2026.

• Adds a legal definition of 'solar energy device' to three separate parts of Georgia's property code covering condominiums, property owners' associations, and homeowners' covenants.
• Prohibits condominium associations from stopping unit owners from installing, maintaining, or using solar devices on their roofs, even shared roofs the association maintains.
• Prohibits property owners' associations from restricting lot owners from installing solar devices on common roofs or roof structures.
• Bars homeowners' association covenants from prohibiting solar device installation on a plot owner's property, including shared roofs.
• Bans associations from charging permit fees or other fees for installing, maintaining, or using a solar energy device, with one exception.
• Requires the owner who installed the solar device to pay for its removal and reinstallation if the association later needs to repair the shared roof.

Homeowners and condominium unit owners who want to install solar panels, along with condominium associations, property owners' associations, and homeowners' associations that currently have authority to approve, restrict, or charge fees for such installations under existing covenants and rules.

Homeowners who want solar panels but face association restrictions or fees would gain a legal right to install them, even on shared roofs. Associations would lose the ability to block or charge for these installations, though owners would still bear removal and reinstallation costs during roof repairs.

• Section 1 revises condominium definitions (O.C.G.A. § 44-3-71) and adds a definition of 'solar energy device' covering equipment for water heating, space heating or cooling, or generating power from solar radiation.
• Section 2 creates O.C.G.A. § 44-3-118, barring condominium associations from prohibiting solar devices on unit roofs, voiding conflicting provisions, and barring permit fees except for removal and reinstallation costs during maintenance.
• Section 3 adds the same solar energy device definition to the property owners' association law (O.C.G.A. § 44-3-221).
• Section 4 creates O.C.G.A. § 44-3-233.1, applying the same protections and fee ban to lot owners in property owners' associations.
• Section 5 creates O.C.G.A. § 44-5-60.1, extending the same protections to homeowners' association covenants and defining 'homeowners' association' as a Georgia-incorporated entity.
• Each new Code section applies only to instruments, covenants, and association rules entered into, renewed, or adopted on or after January 1, 2026.
• Section 6 repeals any conflicting laws.

1. 2025-02-21House Withdrawn, Recommitted (House)
2. 2025-02-13House Second Readers (House)
3. 2025-02-12House First Readers (House)
4. 2025-02-11House Hopper (House)

• Eric Bell (D, HD-075)Primary sponsor
• Betsy Holland (D, HD-054)
• Dexter Sharper (D, HD-177)
• Karla Drenner (D, HD-085)
• Spencer Frye (D, HD-122)
• Ruwa Romman (D, HD-097)

• homeowners associations
• solar energy
• property law
• condominium rules
• real estate covenants