South Carolina General Assembly
125th Session, 2023-2024

Bill 422


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA code of laws BY ADDING SECTION 27-1-65, SO AS TO provide that A DEED RESTRICTION, COVENANT, OR A HOMEOWNERS' ASSOCIATION DOCUMENT must not prohibit THE INSTALLATION OF A SOLAR ENERGY SYSTEM that cannot be seen from the street or common area surrounding a residence.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.    Chapter 1 of Title 27 of the S.C. Code is amended by adding:

   Section 27-1-65.   (A) A restrictive covenant, declaration, rule, contractual provision, or other provision concerning the installation and utilization of a solar energy system found in a deed, contract, lease, rental agreement, or the governing documents of a homeowners' association must not prohibit or have the effect of prohibiting the installation and utilization of a solar energy system that cannot be seen from the street or a common area surrounding a residence.

   (B) Nothing in this section may be construed to prohibit a homeowners' association from requiring reasonable design accommodations to ensure that a solar energy system is installed in a manner that is consistent with the aesthetic requirements applicable to all homeowners' association members.

SECTION 2.   This act takes effect upon approval by the Governor.

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