1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 1023 By: Townley
4
5
6 AS INTRODUCED
7 An Act relating to property; defining terms;
providing that an owners association may not prohibit
8 the installation of solar energy systems; providing
exceptions; providing for codification; and providing
9 an effective date.
10
11
12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13 SECTION 1. NEW LAW A new section of law to be codified
14 in the Oklahoma Statutes as Section 859 of Title 60, unless there is
15 created a duplication in numbering, reads as follows:
16 A. As used in this section:
17 1. "Covenant and restriction of a real estate development"
18 means a recorded instrument in which a declarant reserves:
19 a. a right to facilitate the development, construction,
20 and marketing of the subdivision, and
21 b. a right to direct the size, shape, and composition of
22 the subdivision; and
23 2. "Solar energy system" has the same meaning as that term is
24 defined in Section 2357.1 of Title 68 of the Oklahoma Statutes.
Req. No. 5215 Page 1
1 B. Except as otherwise provided by subsection D of this
2 section, an owners association may not include or enforce a
3 provision in an instrument that prohibits or restricts a property
4 owner from installing a solar energy system.
5 C. A provision that violates subsection B of this section is
6 void.
7 D. An owners association may include or enforce a provision in
8 an instrument that prohibits a solar energy system that:
9 1. As adjudicated by a court:
10 a. threatens the public health or safety, or
11 b. violates a law;
12 2. Is located on property owned or maintained by the owners
13 association;
14 3. Is located on property owned in common by the members of the
15 owners association;
16 4. Is located in an area on the property owner's property other
17 than:
18 a. on the roof of the home or of another structure
19 allowed under an instrument, or
20 b. in a fenced yard or patio owned and maintained by the
21 property owner;
22 5. If mounted on the roof of the home:
23 a. extends higher than or beyond the roofline,
24
Req. No. 5215 Page 2
1 b. is located in an area other than an area designated by
2 the owners association, unless the alternate location
3 increases the estimated annual energy production of
4 the system, as determined by using a publicly
5 available modeling tool provided by the National
6 Renewable Energy Laboratory, by more than ten percent
7 (10%) above the energy production of the system if
8 located in an area designated by the owners
9 association, and
10 c. has a frame, a support bracket, or visible piping or
11 wiring that is not in a silver, bronze, or black tone
12 commonly available in the marketplace;
13 6. As installed, voids material warranties; or
14 7. Was installed without prior approval by the owners
15 association or by a committee created in an instrument for such
16 purposes that provides decisions within a reasonable period or
17 within a period specified in the covenant and restriction of a real
18 estate development instrument.
19 E. An owners association or the association's architectural
20 review committee may not withhold approval for installation of a
21 solar energy system if the provisions of the instrument to the
22 extent authorized by subsection D of this section are met or
23 exceeded, unless the association or committee, as applicable,
24 determines in writing that placement of the system as proposed by
Req. No. 5215 Page 3
1 the property owner constitutes a condition that substantially
2 interferes with the use and enjoyment of land by causing
3 unreasonable discomfort or annoyance to persons of ordinary
4 sensibilities. For purposes of making a determination under this
5 subsection, the written approval of the proposed placement of the
6 system by all property owners of adjoining property constitutes
7 prima facie evidence that such a condition does not exist.
8 SECTION 2. This act shall become effective November 1, 2023.
9
10 59-1-5215 JL 11/16/22
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Req. No. 5215 Page 4