HB 65 — AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SOLAR PHOTOVOLTAIC SYSTEMS AND RESTRICTIVE COVENANTS.

Williams &HOUSE Rep.OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE AMENDMENT NO.

Bennett2 &TO Sen.HOUSE BILL NO.

Walsh65 Reps.AMEND House Bill No.

Chukwuocha,65 Kowalko,on Lynn;lines 18 through 19 by deleting “solar energy systems.” and inserting in lieu thereof “a roof mounted system for obtaining solar energy.”.

Sens.FURTHER AMEND House Bill No.

Cloutier,65 Ennis,by McDowell,deleting Pettyjohn,lines Sokola26 HOUSEthrough OF32 REPRESENTATIVESin 150ththeir GENERALentirety ASSEMBLYand HOUSEinserting BILLin NO.lieu thereof the following:

65“(e)(1)a. AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SOLAR PHOTOVOLTAIC SYSTEMS AND RESTRICTIVE COVENANTS.

BEFor ITpurposes ENACTEDof BYthis THEsection, GENERALa ASSEMBLYproperty OFowner’s THEvote STATEunder OFthis DELAWARE:subsection may be expressed as follows:

Section 1.

AmendAn §in-person 318,vote Titleat 25a ofmeeting. the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§2. 318.

RestrictiveA covenants.proxy vote if the governing document or law permit proxy voting.

(a)3. As used in this section, "roof" or "roofs" means:

(1)Voting Aelectronically rooffrom of a singlesource familyknown dwellingto unit which is solely owned by a person,maintenance persons,corporation trust or entityhomeowner’s andassociation whichgoverning isthe notproperty designatedowner’s asproperty, aincluding commonan elemente-mail oraddress commonregistered propertywith in the governingmaintenance documentscorporation ofor anhomeowner’s association;association.

and4. (2) A roof of a townhouse dwelling unit, which for the purposes of this section means any single-family dwelling unit constructed with attached walls to another such unit on at least 1 side, which unit extends from the foundation to the roof, and has at least 2 sides which are unattached to any other building, and the repair of the roof for the townhouse dwelling unit is designated as the responsibility of the owner and not the association in the governing documents.

(b)Voting Noby Anyelectronic covenant,voting restriction,software orselected conditionby contained in a deed, contract or other legal instrument which affects the transfer,maintenance salecorporation or anyhomeowner’s otherassociation. interest in real property that effectively prohibits or unreasonably restricts the owner of the property from installing or using a roof mounted system for obtaining solar energy on that owner's property is void and unenforceableshall be allowed in any deed contract or legal instrument recorded after January 1, 2010.

(c)5. This section shall not amend, nullify, or affect the enforceability of any covenant, restriction, or condition contained in a deed, declaration, contract or other legal instrument concerning land owned by a maintenance corporation or homeowner's association.

ThisSigning sectiona doespetition notfor applycalling tofor provisionsan thatamendment imposeunder reasonablethis restrictionssubsection. on solar energy systems.

However,6. it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto.

Accordingly,Signing reasonablean restrictionsamendment onto roof mounted systems for obtaining solar energy are those restrictions that do not significantly increase the costgoverning ofdocument. the HD :

RBb. :

MAWFor Pagepurposes 1of this paragraph (e)(1) of 2this Released:section, a signature may be in ink or electronic.

03/05/2019c. 08:58 AM system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

(d)For Thispurposes sectionof shallthis notparagraph amend,(e)(1) nullify,of this section, an entity or affecttrust theowning enforceabilitya ofproperty anymay conservationdesignate easementa orperson historicto preservationvote covenant.for the entity or trust.

(e)(2) Any covenants, restrictions, or conditions contained in a deed or declaration, including a declaration under the Unit Property Act [§ 2201 et seq.

(3) Covenants, restrictions, or conditions contained in a deed or declaration, including a declaration under the Unit Property Act [§ 2201 et seq.

of this title], for residential property that prohibit or restrict the installation of rooftop orLC ground-: mounted solar systems may be amended to allow or promote installation of rooftop or ground-mounted solar systems by an affirmative vote of 2/3 of the property owners.

(f)MJC No: Any covenant, restriction, or condition contained in a deed, contract, or other legal instrument which affects the transfer, sale, or any other interest in real property, which is zoned for residential use and the lot or lots are 1/2 of an acre or greater in size, that effectively prohibits or unreasonably restricts the owner of the property from installing or using a ground mounted system for obtaining solar energy on that owner's property is void and unenforceableshall be allowed in any deed, contract or other legal instrument.

ACM covenant,Page restriction,1 orof condition3 whichReleased: requires that fencing, landscaping, or other appropriate means be used to shield the system from view, so that it is not readily visible from adjacent streets shall be deemed to be a reasonable restriction.

SYNOPSIS06/30/2019 This09:43 BillPM enables the use of roof or groundground-mounted mounted solar systems onmay privatelybe ownedamended residentialto dwellingsallow by making covenants or otherpromote restrictionsinstallation thatof effectivelyrooftop prohibit or unreasonablyground-mounted restrict the installation of solar photovoltaic systems inby Delawarean voidaffirmative andvote unenforceable,of regardless2/3 a majority of the dateproperty recorded.owners.

This(4) BillCovenants, alsorestrictions, explainsor thatconditions itcontained isin thea policydeed ofor thedeclaration, Stateincluding ofa Delawaredeclaration tounder protect the publicUnit health,Property safety,Act and[§ welfare2201 byet encouragingseq. the development and use of renewable resources and to remove obstacles thereto.

Thisof Billthis furthertitle], provides for costsresidential andproperty that impose a reasonable attorneys'restriction feespermitted tounder subsection (c) of this section on the installation of roof mounted solar systems may be awardedamended to thepromote prevailinginstallation partyof inroof anymounted litigationsolar arisingsystems underby thean provisionsaffirmative vote of thisa Section.majority of the property owners.”.

ThisFURTHER BillAMEND doesHouse notBill renderNo. void and unenforceable reasonable restrictions on roof or ground mounted solar systems.

HD65 :on line 33 by deleting “(f)” and inserting in lieu thereof “(f)”.

RBFURTHER :AMEND House Bill No.

MAW65 Pageon 2line of39 2by Released:inserting after “reasonable restriction.” the following:

03/05/2019“(1)a. 08:58 AM 2141500027

An owner of property may install a roof mounted system for obtaining solar energy on that owner’s property if, no later than 60 days before installing the system, the owner sends notice that the owner intends to install the system to the following:

1.

If the property is governed by a maintenance corporation or homeowner’s association, to the applicable maintenance corporation or homeowner’s association and to a neighboring property owner whose property is within 150 feet of the owner’s property line.