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 SOLAR ENERGY SYSTEM THAT CANNOT BE SEEN FROM THE STREET OR COMMON AREA SURROUNDING A RESIDENCE.

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 solar energy system 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 solar energy system that cannot be seen from the street or a common area surrounding a residence.

    (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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