Status on Solar Energy Bill

On April 7, 2004, I reported on a Senate Commerce, Consumer Protection and Housing Committee Hearing on a bill relating to solar energy. The committee passed out amended version of the bills and the bills will be going to conference committee.

HB 1017 SD2 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. The proposed law is probably unconstitutional as 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. The proponents of this bill fail to understand that the roof that they want to use is not owned by the owner of the unit, but owned by all the members of the condominium. The bill also has practical problems. It does not address the common situation where the Association's roof warranty may be voided by the penetration of pipes through the roof. It also does 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. The Senate added an effective date of July 1, 2050 to allow further review and discussion of the bill.

If you wish to make your comments known, you should contact Representative Ken Hiraki and Senator Ron Menor before the conference committee meets.