Status of Solar Energy Bill

On April 21, 2005, I reported on a Conference Committee Hearing on the solar energy bill. The committee passed out an amended version of the bill and it will be going to House and Senate floors for final vote next week.

HB 1017 CD1 This bill would require townhouse associations to permit solar energy devices and require the association to adopt rules regarding the placement of solar energy devices. As we reported, the bill had some practical problems. It did not address the common situation where the Association's roof warranty may be voided by the penetration of pipes through the roof. It also did not require the owner of the unit to remove the solar energy device if it is necessary or convenient for the orderly maintenance of the common elements. These practical problems were addressed in a compromise version of the bill. I still believe that the bill is unconstitutional because the U.S. Supreme Court has ruled in a similar situation that any physical taking of real property under laws of this type requires just compensation. The common elements in a condominium are jointly owned by all the members of a condominium and the roof of a townhouse is normally a common element. Although the constitutional problem remains, it is likely that the bill will address most of the practical issues that associations would have. It is imperative, however, that condominium associations adopt rules addressing solar energy devices by the effective date of the bill (September 1, 2005).