Known by the shorter name of the Homeowners' Solar Rights Act, the Act is intended "to protect the public health, safety, and welfare by encouraging the development and use of solar energy systems in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of preventing the use of solar energy systems on any home that is subject to a homeowners' association, common interest community association, or condominium unit owners' association."
Homeowners' Energy Policy Statement Act Amendments
These amendments passed in July 2021, and make it easier for people in HOAs to go solar. Changes the definition of "solar storage mechanism" to include batteries. Provides that the entity may determine the specific configuration of the elements of a solar energy system on a given roof face, provided that it may not prohibit elements of the system from being installed on any roof face and that any such determination may not reduce the production of the solar energy system by more than 10% (rather than specific location where a solar energy system may be installed on the roof within an orientation to the south or within 45 degrees east or west of due south provided that the determination does not impair the effective operation of the solar energy system). Provides that within 90 (rather than 120) days after a homeowners' association, common interest community association, or condominium unit owners' association receives a request for a policy statement or an application from an association member, the association shall adopt an energy policy statement. Provides that whenever approval is required for the installation or use of a solar energy system, the application for approval shall be processed by the appropriate approving entity of the association within 75 (rather than 90) days of (rather than after) the submission of the application. Provides that the Act shall not apply to any building that is greater than 60 (rather than 30) feet high, or to any building that has a shared roof and is subject to a homeowners' association, common interest community association, or condominium unit owners' association.