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

25 LC 60 0013 House Bill 389 By: Representatives Bell of the 75th, Holland of the 54th, Sharper of the 177th, Drenner of the 85th, Frye of the 122nd, and others A BILL TO BE ENTITLED AN ACT To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to1 prohibit condominium associations, property owners' association s, and homeowners'2 associations from preventing property owners from installing so lar energy devices on3 common roofs or roof structures; to provide for the burden of c osts for removal and4 reinstallation of solar energy devices; to allow for repair of common roofs or roof structures;5 to provide for definitions; to provide for applicability; to provide for related matters; to repeal6 conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in10 Article 3 of Chapter 3, relating to condominiums, by revising paragraphs (26.1) and (26.2)11 of and adding a new paragraph to Code Section 44-3-71, relating to definitions, to read as12 follows:13 "(26.1) 'Solar energy device' means equipment that uses solar radiation as a substitute for14 traditional energy for water heating, active or passive space h eating or cooling, or15 generating electrical or mechanical power, as well as related e quipment necessary for16 H. B. 389 - 1 - 25 LC 60 0013 collecting, storing, exchanging, conditioning, or converting so lar radiation into other17 forms of energy.18 (26.2) 'Subassociation' means an association of a subcondominium.19 (26.2)(26.3) 'Subcondominium' means the property consisting of a unit of a n existing20 condominium lawfully submitted under this article by the record ation of separate21 condominium instruments pursuant to this article."22 SECTION 2.23 Said title is further amended by adding a new Code section to read as follows:24 "44-3-118.25 (a) No association shall prohibit or restrict a unit owner fro m installing, maintaining, or26 using a solar energy device on the unit owner's roof or roof structure, even if such roof or27 roof structure is a common element for which the association be ars the cost of28 maintenance.29 (b) A provision in an instrument, or any subsidiary document a dopted pursuant to an30 instrument, that violates subsection (a) of this Code section s hall be void and31 unenforceable.32 (c) Except as provided in subsection (d) of this Code section, no association shall require33 a permit or payment of a fee for the installation, maintenance, or use of a solar energy34 device.35 (d) In the event that roof maintenance becomes necessary after the installation of a solar36 energy device on a roof or roof structure that is a common elem ent for which the37 association bears the cost of maintenance, the unit owner who i nstalled the solar energy38 device shall bear the costs of removal and reinstallation of the solar energy device.39 (e) This Code section shall apply to any instruments entered i nto on or after January 1,40 2026, to any renewals, modifications, or extensions of such agreements entered into on or41 H. B. 389 - 2 - 25 LC 60 0013 after such date, and to any rules or regulations adopted by an association on or after42 January 1, 2026."43 SECTION 3.44 Said title is further amended in Article 6 of Chapter 3, relati ng to property owners'45 associations, by adding a new paragraph to Code Section 44-3-221, relating to definitions,46 to read as follows:47 "(19) 'Solar energy device' means equipment that uses solar radiation as a substitute for48 traditional energy for water heating, active or passive space h eating or cooling, or49 generating electrical or mechanical power, as well as related e quipment necessary for50 collecting, storing, exchanging, conditioning, or converting so lar radiation into other51 forms of energy."52 SECTION 4.53 Said title is further amended by adding a new Code section to read as follows:54 "44-3-233.1.55 (a) No association shall prohibit or restrict a lot owner from installing, maintaining, or56 using a solar energy device on the lot owner's roof or roof structure, even if such roof or57 roof structure is a common roof or roof structure for which the association bears the cost58 of maintenance.59 (b) A provision in an instrument, or any subsidiary document a dopted pursuant to an60 instrument, that violates subsection (a) of this Code section s hall be void and61 unenforceable.62 (c) Except as provided in subsection (d) of this Code section, no association shall require63 a permit or payment of a fee for the installation, maintenance, or use of a solar energy64 device.65 H. B. 389 - 3 - 25 LC 60 0013 (d) In the event that roof maintenance becomes necessary after the installation of a solar66 energy device on a common roof or roof structure for which the association bears the cost67 of maintenance, the lot owner who installed the solar energy device shall bear the costs of68 removal and reinstallation of the solar energy device.69 (e) This Code section shall apply to any instruments entered i nto on or after January 1,70 2026, to any renewals, modifications, or extensions of such agreements entered into on or71 after such date, and to any rules or regulations adopted by an association on or after72 January 1, 2026."73 SECTION 5.74 Said title is further amended in Article 3 of Chapter 5, relating to covenants and warranties,75 by adding a new Code section to read as follows:76 "44-5-60.1.77 (a) As used in this Code section, the term:78 (1) 'Homeowners' association' means and includes, but is not l imited to, any property79 owners' association, community association, or other similar organization which has as80 one of its principal purposes the preservation or promotion of its member homeowners'81 enjoyment of their property in any residential neighborhood or community. Such term82 is limited to a corporation or limited liability company incorp orated in the State of83 Georgia without regard to whether membership in the organizatio n is voluntary or84 mandatory and without regard to the number of eligible homeowners who are members.85 (2) 'Solar energy device' means equipment that uses solar radi ation as a substitute for86 traditional energy for water heating, active or passive space h eating or cooling, or87 generating electrical or mechanical power, as well as related e quipment necessary for88 collecting, storing, exchanging, conditioning, or converting so lar radiation into other89 forms of energy.90 H. B. 389 - 4 - 25 LC 60 0013 (b) No covenant running with t he land shall prohibit or restri ct a plot owner from91 installing, maintaining, or using a solar energy device on the plot owner's property, even92 if such solar energy device is on a common roof or roof structu r e f o r w h i c h t h e93 homeowners' association bears the cost of maintenance.94 (c) A provision in a covenant running with the land, or any subsidiary document adopted95 pursuant to a covenant running with the land, that violates sub section (b) of this Code96 section shall be void and unenforceable.97 (d) Except as provided in subsection (e) of this Code section, no homeowners' association98 shall require a permit or payment of a fee for the installation, maintenance, or use of a solar99 energy device.100 (e) In the event that roof maintenance becomes necessary after the installation of a solar101 energy device on a common roof or roof structure for which the homeowners' association102 bears the cost of maintenance, the plot owner who installed the solar energy device shall103 bear the costs of removal and reinstallation of the solar energy device.104 (f) This Code section shall apply to any covenants running wit h the land created for105 subdivisions, as provided for in subsection (d) of Code Section 44-5-60, entered into on or106 after January 1, 2026, to any renewals, modifications, or exten sions of such agreements107 entered into on or after such date, and to any rules or regulations adopted by a homeowners'108 association on or after January 1, 2026."109 SECTION 6.110 All laws and parts of laws in conflict with this Act are repealed.111 H. 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