14104025D
SENATE BILL NO. 222
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Commerce and Labor
on January 20, 2014)
(Patron Prior to Substitute--Senator Petersen)
A BILL to amend and reenact §67-701 of the Code of Virginia, relating
to community association restrictions on solar panels.
Be it enacted by the General Assembly of Virginia:
1. That §67-701 of the Code of Virginia is amended and
reenacted as follows:
§67-701. Covenants regarding solar power.
A. Effective July 1, 2008, no No community
association shall prohibit an owner from installing or using a solar energy
collection device on that owner's property unless the recorded declaration
for that community association establish such a prohibition. However a
community association may establish reasonable restrictions concerning the
size, place, and manner of placement of such solar energy collection devices on
property designated and intended for individual ownership and use. Any resale
certificate pursuant to §55-79.97 and any disclosure packet pursuant to §
55-509.5, as applicable, given to a purchaser shall contain a statement setting
forth any restriction, limitation, or prohibition on the right of an owner to
install or use solar energy collection devices on his property.
B. The community association may prohibit or restrict the
installation of solar energy collection devices on the common elements or
common area within the real estate development served by the community
association. A community association may establish reasonable restrictions as
to the size, place, and manner of placement or installation of any solar energy
collection device installed on the common elements or common area.
C. This section shall not apply with respect to any
provision of a restrictive covenant that restricts the installation or use of
any solar collection device if such provision became effective prior to July 1,
2008.
Nothing in this section shall be construed to (i)
invalidate any provision of a restrictive covenant that prohibits or restricts
the installation or use of any solar collection device if such provision was in
effect before July 1, 2008, or (ii) prohibit the amendment of a restrictive
covenant to prohibit or restrict the installation or use of any solar
collection device, or to remove prohibitions or restrictions on the
installation or use of any solar collection device if such amendment is adopted
by the membership of the community association in accordance with such
association's governing documents.
2. That the General Assembly finds that this act is an
exercise of the police power of the Commonwealth that is necessary for the
general good of the public and its enactment is a necessary and appropriate
response to the valid public need to increase the use of solar power as a means
of reducing reliance on energy sources that contribute to greenhouse gas
emissions.
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