§196-7  Placement of solar energy devices. 
(a)  Notwithstanding any law to the contrary, no person shall be prevented by
any covenant, declaration, bylaws, restriction, deed, lease, term, provision,
condition, codicil, contract, or similar binding agreement, however worded,
from installing a solar energy device on any single-family residential dwelling
or townhouse that the person owns.  Any provision in any lease, instrument, or
contract contrary to the intent of this section shall be void and unenforceable.



(b)  Every private
entity shall adopt rules by December 31, 2006, that provide
for the placement of solar energy devices.  The rules shall facilitate the
placement of solar energy devices and shall not unduly or unreasonably restrict
that placement so as to render the device more than twenty-five per cent less
efficient or to increase the cost of the device by more than fifteen per cent. 
No private entity shall assess or charge any homeowner any fees for the
placement of any solar energy device.



(c)  Any person may place a solar energy device
on any single-family residential dwelling or townhouse unit owned by that
person, provided that:



(1)  The device is in compliance with the rules and
specifications adopted pursuant to subsection (b);



(2)  The device is registered with the private entity
of record within thirty days of installation; and



(3)  If the device is placed on a common element or
limited common element as defined by a project's declaration, the homeowner
shall first obtain the consent of the private entity; provided further that
such consent shall be given if the homeowner agrees in writing to:



(A)  Comply with the private entity's design
specification for the installation of the device;



(B)  Engage a duly licensed contractor to
install the device; and



(C)  Within fourteen days of approval of
the solar device by the private entity, provide a certificate of insurance
naming the private entity as an additional insured on the homeowner's insurance
policy.



(d)  If a solar energy device is placed on a
common element or limited common element:



(1)  The owner and each successive owner of the
single-family residential dwelling or townhouse unit on which the device is
placed shall be responsible for any costs
for damages to the device, the common elements, limited common elements, and
any adjacent units, arising or resulting from the installation, maintenance,
repair, removal, or replacement of the device.  The repair, maintenance,
removal, and replacement responsibilities shall be assumed by each successive
owner until the solar energy device has been removed from the common elements
or limited common elements.  The owner and each successive owner shall at all
times have and maintain a policy of insurance covering the obligations of the
owner under this paragraph and shall name the private entity as an additional
insured under said policy; and



(2)  The owner and any successive owner of the
single-family residential dwelling or townhouse unit on which the device is
placed shall be responsible for removing the solar energy device if reasonably
necessary or convenient for the repair, maintenance, or replacement of the
common elements or limited common elements.



(e)  If a material or labor roof warranty
exists at the time a solar energy device is installed on a roof that is a
common element or limited common element, the homeowner shall obtain
confirmation in writing from the company that issued the warranty that the
installation of the solar energy device will not void the roof warranty.  The
homeowner shall provide the private entity with a copy of the confirmation.



(f)  For the purposes of this section:



"Private entity" means any
association of homeowners, community association, condominium association,
cooperative, or any other non-governmental entity with
covenants, bylaws, and administrative provisions with which the homeowner's
compliance is required.



"Solar energy device" means any
identifiable facility, equipment, apparatus, or the like, including a
photovoltaic cell application, that is applicable to a single-family
residential dwelling or townhouse and makes use of solar energy for heating,
cooling, or reducing the use of other types of energy dependent upon fossil
fuel for generation; provided that "solar energy device" shall not
include skylights or windows. [L 1992, c 268, §1; am L 2005, c 157, §2]