H 5011  General Bill, By Herbkersman, W.Newton, Erickson, Clary, Ballentine, 
Bernstein, Crawford, McCoy, Fry and Johnson

Similar(S 1032)
 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.
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   01/23/20  House  Introduced and read first time (House Journal-page 42)
   01/23/20  House  Referred to Committee on Judiciary
                     (House Journal-page 42)

H. 5011

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.