The proposed General Assembly Raised Bill No. 7002 seeks to amend laws governing common interest ownership communities with a focus on facilitating the installation of solar power systems, particularly for single-family detached units. The bill repeals Section 47-257 and introduces new provisions that clarify the assessment of common expenses and the responsibilities of unit owners. Key changes include the requirement for common expense assessments to occur "not less than" annually and the ability to assess costs related to unit owner improvements solely against their units. Additionally, the bill prohibits unreasonable restrictions on solar system installations, rendering any conflicting provisions in declarations or bylaws unenforceable.
Under the new regulations, unit owners must submit applications for solar installations to the association's executive board, which must acknowledge and process these applications within specified timeframes. If not denied within the allotted time, the application is automatically approved. The bill also requires unit owners to enter into written agreements with the association, covering compliance, liability, and insurance for the installations. Furthermore, unit owners are responsible for the maintenance and repair of their roofs, and associations formed before January 1, 2026, can opt out of these provisions through a 75% board vote by January 1, 2028. The bill clarifies that associations can establish rules for solar system installation and maintenance, and it ensures that the prevailing party in enforcement actions will receive reasonable attorney's fees. The effective dates for various sections of the bill are set for October 1, 2025, and January 1, 2026.
Statutes affected: Raised Bill: 47-257