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H. 5011
STATUS INFORMATION
General Bill
Sponsors: Reps. Herbkersman, W. Newton, Erickson, Clary, Ballentine, Bernstein, Crawford, McCoy, Fry and Johnson
Document Path: l:\council\bills\df\13003cz20.docx
Companion/Similar bill(s): 1032
Introduced in the House on January 23, 2020
Currently residing in the House Committee on Judiciary
Summary: HOA; deed restrictions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/23/2020 House Introduced and read first time (House Journal-page 42)
1/23/2020 House Referred to Committee on Judiciary
(House Journal-page 42)
View the latest legislative information at the website
VERSIONS OF THIS 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.
This web page was last updated on
January 28, 2020 at 11:25 AM