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 BALCONY SOLAR PANEL; AND BY ADDING SECTION 58-41-60 SO AS TO PROHIBIT THE STATE FROM RESTRICTING THE INSTALLATION OF BALCONY SOLAR PANELS.

 

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

 

SECTION 1.  Chapter 1, 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 balcony solar panel 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 balcony solar panel.

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

 

SECTION 2.  Chapter 41, Title 58 of the S.C. Code is amended by adding:

 

    Section 58-41-60.  The State, or any agency, instrumentality, or political subdivision thereof, may not prohibit or restrict the installation of balcony solar panels.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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