H 3979 Session 124 (2021-2022)
H 3979 General Bill, By Morgan, Bradley, W.Newton, Herbkersman, Martin, J.Moore,
Kirby, Fry, Crawford, Cogswell, B.Cox, Elliott, Wetmore, Ballentine, Dillard,
Davis, J.E.Johnson, T.Moore, Bennett, Erickson, McGinnis, Trantham, Burns,
West, Wooten, Pope, Carter, K.O.Johnson, Matthews, Bustos, Alexander, Brittain,
Bailey, Gatch, Robinson, McDaniel, Chumley, Ott, M.M.Smith, Collins, Jones,
Huggins, Pendarvis, V.S.Moss, McCravy, Simrill, Rutherford, McGarry, Bernstein,
Brawley, Gilliam, Hiott, Kimmons, Murphy, B.Newton, G.M.Smith, G.R.Smith,
Stringer, Taylor, Willis and Tedder
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
27-30-135 SO AS TO RENDER A DEED RESTRICTION, COVENANT, OR A HOMEOWNERS
ASSOCIATION DOCUMENT INTENDED TO PROHIBIT THE INSTALLATION OF A SOLAR ENERGY
SYSTEM VOID AND UNENFORCEABLE.
02/24/21 House Introduced and read first time (House Journal-page 43)
02/24/21 House Referred to Committee on Labor, Commerce and
Industry (House Journal-page 43)
02/25/21 House Member(s) request name removed as sponsor: Nutt,
Allison
02/25/21 House Member(s) request name added as sponsor: Tedder
03/03/21 House Member(s) request name removed as sponsor:
Henderson-Myers
03/09/21 House Member(s) request name removed as sponsor:
Magnuson, Long
03/11/21 House Member(s) request name removed as sponsor: Hyde,
Forrest
03/16/21 House Member(s) request name removed as sponsor: Haddon
03/23/21 House Member(s) request name removed as sponsor:
S.Williams, Rivers
04/08/21 House Member(s) request name removed as sponsor: Rose
04/21/21 House Member(s) request name removed as sponsor: R.Williams
H. 3979
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-30-135 SO AS TO RENDER A DEED RESTRICTION, COVENANT, OR A HOMEOWNERS ASSOCIATION DOCUMENT INTENDED TO PROHIBIT THE INSTALLATION OF A SOLAR ENERGY SYSTEM VOID AND UNENFORCEABLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 30, Title 27 of the 1976 Code is amended by adding:
"Section 27-30-135. (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 that would prohibit or have the effect of prohibiting the installation and utilization of a solar energy system is void and unenforceable.
(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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