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 to
prohibit condominium associations, property owners' associations, and homeowners'
associations from preventing property owners from installing solar energy devices on
common roofs or roof structures; to provide for the burden of costs for removal and
reinstallation of solar energy devices; to allow for repair of common roofs or roof structures;
to provide for definitions; to provide for applicability; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in
Article 3 of Chapter 3, relating to condominiums, by revising paragraphs (26.1) and (26.2)
of and adding a new paragraph to Code Section 44-3-71, relating to definitions, to read as
follows:
"(26.1) <ins>'Solar energy device' means equipment that uses solar radiation as a substitute for
traditional energy for water heating, active or passive space heating or cooling, or
generating electrical or mechanical power, as well as related equipment necessary for
</ins>
<ins>collecting, storing, exchanging, conditioning, or converting solar radiation into other
forms of energy.
(26.2)</ins> 'Subassociation' means an association of a subcondominium.
<del>(26.2)(26.3)</del> 'Subcondominium' means the property consisting of a unit of an existing
condominium lawfully submitted under this article by the recordation of separate
condominium instruments pursuant to this article."
SECTION 2.
Said title is further amended by adding a new Code section to read as follows:
<ins>"44-3-118.
(a) No association shall prohibit or restrict a unit owner from installing, maintaining, or
using a solar energy device on the unit owner's roof or roof structure, even if such roof or
roof structure is a common element for which the association bears the cost of
maintenance.
(b) A provision in an instrument, or any subsidiary document adopted pursuant to an
instrument, that violates subsection (a) of this Code section shall be void and
unenforceable.
(c) Except as provided in subsection (d) of this Code section, no association shall require
a permit or payment of a fee for the installation, maintenance, or use of a solar energy
device.
(d) In the event that roof maintenance becomes necessary after the installation of a solar
energy device on a roof or roof structure that is a common element for which the
association bears the cost of maintenance, the unit owner who installed the solar energy
device shall bear the costs of removal and reinstallation of the solar energy device.
(e) This Code section shall apply to any instruments entered into on or after January 1,
2026, to any renewals, modifications, or extensions of such agreements entered into on or
</ins>
<ins>after such date, and to any rules or regulations adopted by an association on or after
January 1, 2026."
</ins> SECTION 3.
Said title is further amended in Article 6 of Chapter 3, relating to property owners'
associations, by adding a new paragraph to Code Section 44-3-221, relating to definitions,
to read as follows:
<ins>"(19) 'Solar energy device' means equipment that uses solar radiation as a substitute for
traditional energy for water heating, active or passive space heating or cooling, or
generating electrical or mechanical power, as well as related equipment necessary for
collecting, storing, exchanging, conditioning, or converting solar radiation into other
forms of energy."
</ins> SECTION 4.
Said title is further amended by adding a new Code section to read as follows:
<ins>"44-3-233.1.
(a) No association shall prohibit or restrict a lot owner from installing, maintaining, or
using a solar energy device on the lot owner's roof or roof structure, even if such roof or
roof structure is a common roof or roof structure for which the association bears the cost
of maintenance.
(b) A provision in an instrument, or any subsidiary document adopted pursuant to an
instrument, that violates subsection (a) of this Code section shall be void and
unenforceable.
(c) Except as provided in subsection (d) of this Code section, no association shall require
a permit or payment of a fee for the installation, maintenance, or use of a solar energy
device.
</ins>
<ins>(d) In the event that roof maintenance becomes necessary after the installation of a solar
energy device on a common roof or roof structure for which the association bears the cost
of maintenance, the lot owner who installed the solar energy device shall bear the costs of
removal and reinstallation of the solar energy device.
(e) This Code section shall apply to any instruments entered into on or after January 1,
2026, to any renewals, modifications, or extensions of such agreements entered into on or
after such date, and to any rules or regulations adopted by an association on or after
January 1, 2026."
</ins> SECTION 5.
Said title is further amended in Article 3 of Chapter 5, relating to covenants and warranties,
by adding a new Code section to read as follows:
<ins>"44-5-60.1.
(a) As used in this Code section, the term:
(1) 'Homeowners' association' means and includes, but is not limited to, any property
owners' association, community association, or other similar organization which has as
one of its principal purposes the preservation or promotion of its member homeowners'
enjoyment of their property in any residential neighborhood or community. Such term
is limited to a corporation or limited liability company incorporated in the State of
Georgia without regard to whether membership in the organization is voluntary or
mandatory and without regard to the number of eligible homeowners who are members.
(2) 'Solar energy device' means equipment that uses solar radiation as a substitute for
traditional energy for water heating, active or passive space heating or cooling, or
generating electrical or mechanical power, as well as related equipment necessary for
collecting, storing, exchanging, conditioning, or converting solar radiation into other
forms of energy.
</ins>
<ins>(b) No covenant running with the land shall prohibit or restrict a plot owner from
installing, maintaining, or using a solar energy device on the plot owner's property, even
if such solar energy device is on a common roof or roof structure for which the
homeowners' association bears the cost of maintenance.
(c) A provision in a covenant running with the land, or any subsidiary document adopted
pursuant to a covenant running with the land, that violates subsection (b) of this Code
section shall be void and unenforceable.
(d) Except as provided in subsection (e) of this Code section, no homeowners' association
shall require a permit or payment of a fee for the installation, maintenance, or use of a solar
energy device.
(e) In the event that roof maintenance becomes necessary after the installation of a solar
energy device on a common roof or roof structure for which the homeowners' association
bears the cost of maintenance, the plot owner who installed the solar energy device shall
bear the costs of removal and reinstallation of the solar energy device.
(f) This Code section shall apply to any covenants running with the land created for
subdivisions, as provided for in subsection (d) of Code Section 44-5-60, entered into on or
after January 1, 2026, to any renewals, modifications, or extensions of such agreements
entered into on or after such date, and to any rules or regulations adopted by a homeowners'
association on or after January 1, 2026."
</ins> SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.