A bill for an act
relating to real property; prohibiting certain restrictions on the use of residential
solar energy systems; amending Minnesota Statutes 2020, sections 515.07;
515B.2-103; 515B.3-102; proposing coding for new law in Minnesota Statutes,
chapter 500.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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A private entity may not prohibit or refuse to permit
installation, maintenance, or use of a roof-mounted solar energy system by the owner of a
single-family dwelling notwithstanding any covenant, restriction, or condition contained in
a deed, security instrument, homeowners association document, or any other instrument
affecting the transfer, sale of, or an interest in real property, except as provided in this
section.
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This section applies to single-family dwellings, whether attached
or detached, where the dwelling owner is responsible for maintenance, repair, replacement,
and insurance of the roof of the dwelling.
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(a) The definitions in this subdivision apply to this section.
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(b) "Private entity" means a homeowners association, community association, or other
association that is subject to a homeowners association document.
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(c) "Homeowners association document" means a document containing the declaration,
articles of incorporation, bylaws, or rules and regulations of:
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(1) a common interest community, as defined in section 515B.1-103, regardless of
whether the common interest community is subject to chapter 515B; and
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(2) a residential community that is not a common interest community.
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(d) "Solar energy system" has the meaning given in section 216C.06, subdivision 17.
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(a) This section does not prohibit a private entity from
requiring that:
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(1) a licensed contractor install a solar energy system;
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(2) a roof-mounted solar energy system not extend above the peak of a pitched roof or
beyond the edge of the roof;
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(3) the owner or installer of a solar energy system indemnify or reimburse the private
entity or its members for loss or damage caused by the installation, maintenance, use, repair,
or removal of a solar energy system;
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(4) the owner and each successive owner of a solar energy system list the private entity
as a certificate holder on the homeowner's insurance policy; or
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(5) the owner and each successive owner of a solar energy system be responsible for
removing the system if reasonably necessary for the repair, maintenance, or replacement
of common elements or limited common elements, as defined in section 515B.1-103.
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(b) A private entity may impose other reasonable restrictions on the installation,
maintenance, or use of solar energy systems, provided that those restrictions do not decrease
the projected generation of energy by a solar energy system by more than 20 percent or
increase its cost by more than (1) 20 percent, for a solar water heater, or (2) $2,000, for a
solar photovoltaic system, compared with the generation of energy and the cost of labor
and materials certified by the designer or installer of the solar energy system as originally
proposed without the restrictions. A private entity may obtain an alternative bid and design
from a solar energy system designer or installer for the purposes of this paragraph.
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(c) A solar energy system must meet applicable standards and requirements imposed by
the state and by governmental units, as defined in section 462.384.
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(d) A solar energy system for heating water must be certified by the Solar Rating
Certification Corporation (SRCC) or an equivalent certification agency. A solar energy
system for producing electricity must meet all applicable safety and performance standards
established by the National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories, including, but not limited to, Underwriters
Laboratories and, where applicable, rules of the Public Utilities Commission regarding
safety and reliability.
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(e) If approval by a private entity is required for the installation or use of a solar energy
system, the application for approval must be processed and approved in the same manner
as an application for approval of an architectural modification to the property, and must not
be willfully avoided or delayed. A private entity shall approve or deny an application in
writing. If an application is not denied in writing within 60 days from the date of receipt of
the application, the application is deemed approved unless the delay is the result of a
reasonable request for additional information.
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Minnesota Statutes 2020, section 515.07, is amended to read:
Each apartment owner shall comply strictly with the bylaws and with the administrative
rules adopted pursuant thereto, as either of the same may be lawfully amended from time
to time, and with the covenants, conditions, and restrictions set forth in the declaration or
in the owner's deed to the apartment. Failure to comply with any of the same shall be ground
for an action to recover sums due, for damages or injunctive relief or both maintainable by
the manager or board of directors on behalf of the association of apartment owners or, in a
proper case, by an aggrieved apartment owner. This chapter is subject to deleted text beginsectiondeleted text endnew text begin sectionsnew text end
500.215new text begin and 500.216new text end.
Minnesota Statutes 2020, section 515B.2-103, is amended to read:
(a) All provisions of the declaration and bylaws are severable.
(b) The rule against perpetuities may not be applied to defeat any provision of the
declaration or this chapter, or any instrument executed pursuant to the declaration or this
chapter.
(c) In the event of a conflict between the provisions of the declaration and the bylaws,
the declaration prevails except to the extent that the declaration is inconsistent with this
chapter.
(d) The declaration and bylaws must comply with deleted text beginsectiondeleted text endnew text begin sectionsnew text end 500.215new text begin and 500.216new text end.
Minnesota Statutes 2020, section 515B.3-102, is amended to read:
(a) Except as provided in subsections (b), (c), (d), and (e), and subject to the provisions
of the declaration or bylaws, the association shall have the power to:
(1) adopt, amend and revoke rules and regulations not inconsistent with the articles of
incorporation, bylaws and declaration, as follows: (i) regulating the use of the common
elements; (ii) regulating the use of the units, and conduct of unit occupants, which may
jeopardize the health, safety or welfare of other occupants, which involves noise or other
disturbing activity, or which may damage the common elements or other units; (iii) regulating
or prohibiting animals; (iv) regulating changes in the appearance of the common elements
and conduct which may damage the common interest community; (v) regulating the exterior
appearance of the common interest community, including, for example, balconies and patios,
window treatments, and signs and other displays, regardless of whether inside a unit; (vi)
implementing the articles of incorporation, declaration and bylaws, and exercising the
powers granted by this section; and (vii) otherwise facilitating the operation of the common
interest community;
(2) adopt and amend budgets for revenues, expenditures and reserves, and levy and
collect assessments for common expenses from unit owners;
(3) hire and discharge managing agents and other employees, agents, and independent
contractors;
(4) institute, defend, or intervene in litigation or administrative proceedings (i) in its
own name on behalf of itself or two or more unit owners on matters affecting the common
elements or other matters affecting the common interest community or, (ii) with the consent
of the owners of the affected units on matters affecting only those units;
(5) make contracts and incur liabilities;
(6) regulate the use, maintenance, repair, replacement, and modification of the common
elements and the units;
(7) cause improvements to be made as a part of the common elements, and, in the case
of a cooperative, the units;
(8) acquire, hold, encumber, and convey in its own name any right, title, or interest to
real estate or personal property, but (i) common elements in a condominium or planned
community may be conveyed or subjected to a security interest only pursuant to section
515B.3-112, or (ii) part of a cooperative may be conveyed, or all or part of a cooperative
may be subjected to a security interest, only pursuant to section 515B.3-112;
(9) grant or amend easements for public utilities, public rights-of-way or other public
purposes, and cable television or other communications, through, over or under the common