Bill Text: SC S1032 | 2019-2020 | 123rd General Assembly | Introduced
Bill Title: HOA; deed restrictions
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-01-21 - Referred to Committee on Judiciary [S1032 Detail]
Download: South_Carolina-2019-S1032-Introduced.html
A BILL
TO AMEND ARTICLE 1, CHAPTER 30, TITLE 27 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA HOMEOWNERS ASSOCIATION ACT, BY ADDING SECTION 27-30-135, TO RENDER A DEED RESTRICTION, COVENANT, OR 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, a contract, a lease, a 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.