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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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