Bill Summary – FastDemocracy

H.B. 842
                           GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                                  May 4, 2021
                                       SESSION 2021                                        HOUSE PRINCIPAL CLERK
     H                                                                                                     D
                                    HOUSE BILL DRH40526-MQ-127
     Short Title:    Clarify Deed Restrictions/Solar Collectors.                                     (Public)
     Sponsors:       Representative Warren.
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT TO CLARIFY THE LAW GOVERNING DEED RESTRICTIONS ON SOLAR
     COLLECTORS.
 The General Assembly of North Carolina enacts:
              SECTION 1. G.S. 22B-20 reads as rewritten:
 "§ 22B-20. Deed restrictions and other agreements prohibiting solar collectors.
     (a)      The intent of the General Assembly is to protect the public health, safety, and welfare
 by encouraging the development and use of solar resources and by prohibiting deed restrictions,
 covenants, and other similar agreements that could have the ultimate effect of driving the costs
 of owning and maintaining a residence beyond the financial means of most owners.
     (b)      Except as provided in subsection (d) of this section, any Any deed restriction,
 covenant, or similar binding agreement that runs with the land that would prohibit, or have the
 effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute
 for traditional energy for water heating, active space heating and cooling, passive heating, or
 generating electricity for a residential property on land subject to the deed restriction, covenant,
 or agreement is void and unenforceable. As used in this section, the term "residential property"
 means property where the predominant use is for residential purposes. The term "residential
 property" does not include any condominium created under Chapter 47A or 47C of the General
 Statutes located in a multi-story building containing units having horizontal boundaries described
 in the declaration. As used in this section, the term "declaration" has the same meaning as in
 G.S. 47A-3 or G.S. 47C-1-103, depending on the chapter of the General Statutes under which
 the condominium was created.
     (c)      This section does not prohibit a deed restriction, covenant, or similar binding
 agreement that runs with the land that would regulate the location or screening of solar collectors
 as described in subsection (b) of this section, provided the deed restriction, covenant, or similar
 binding agreement does not have the effect of preventing the reasonable use reducing the
 operating efficiency of a solar collector for a residential property. If an owners' association is
 responsible for exterior maintenance of a structure containing individual residences, a deed
 restriction, covenant, or similar binding agreement that runs with the land may provide that (i)
 the title owner of the residence shall be responsible for all damages caused by the installation,
 existence, or removal of solar collectors; (ii) the title owner of the residence shall hold harmless
 and indemnify the owners' association for any damages caused by the installation, existence, or
 removal of solar collectors; and (iii) the owners' association shall not be responsible for
 maintenance, repair, replacement, or removal of solar collectors unless expressly agreed in a
 written agreement that is recorded in the office of the register of deeds in the county or counties
 in which the property is situated. As used in this section, "owners' association" has the same
                                    *DRH40526-MQ-127*
     General Assembly Of North Carolina                                                    Session 2021
 meaning as in G.S. 47F-1-103. As used in this section, the term "reducing the operating efficiency
 of a solar collector" means the regulation of the location or screening of the solar collector would
 decrease the efficiency or performance of the solar collector by more than ten percent (10%) of
 the amount that was originally specified for the solar collector.
     (d)     This section does not prohibit a deed restriction, covenant, or similar binding
 agreement that runs with the land that would prohibit the location of solar collectors as described
 in subsection (b) of this section that are visible by a person on the ground:
             (1)     On the facade of a structure that faces areas open to common or public access;
             (2)     On a roof surface that slopes downward toward the same areas open to
                     common or public access that the façade of the structure faces; or
             (3)     Within the area set off by a line running across the façade of the structure
                     extending to the property boundaries on either side of the façade, and those
                     areas of common or public access faced by the structure.
     (e)     In any civil action arising under this section, the court may award costs and reasonable
 attorneys' fees to the prevailing party."
             SECTION 2. This act is effective when it becomes law and applies to deed
 restrictions, covenants, or similar binding agreements that run with the land recorded on or after
 that date.
     Page 2                                                                        DRH40526-MQ-127
Statutes affected: 
Filed: 22B-20
Edition 1: 22B-20