§196-7  Placement of solar energy devices. (a)  Notwithstanding any law to the contrary, no person shall be prevented byany 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 dwellingor townhouse that the person owns.  Any provision in any lease, instrument, orcontract contrary to the intent of this section shall be void and unenforceable.

(b)  Every privateentity shall adopt rules by December 31, 2006, that providefor the placement of solar energy devices.  The rules shall facilitate theplacement of solar energy devices and shall not unduly or unreasonably restrictthat placement so as to render the device more than twenty-five per cent lessefficient 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 theplacement of any solar energy device.

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

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

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

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

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

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

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

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

(1)  The owner and each successive owner of thesingle-family residential dwelling or townhouse unit on which the device isplaced shall be responsible for any costsfor damages to the device, the common elements, limited common elements, andany 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 successiveowner until the solar energy device has been removed from the common elementsor limited common elements.  The owner and each successive owner shall at alltimes have and maintain a policy of insurance covering the obligations of theowner under this paragraph and shall name the private entity as an additionalinsured under said policy; and

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

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

(f)  For the purposes of this section:

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

"Solar energy device" means anyidentifiable facility, equipment, apparatus, or the like, including aphotovoltaic cell application, that is applicable to a single-familyresidential dwelling or townhouse and makes use of solar energy for heating,cooling, or reducing the use of other types of energy dependent upon fossilfuel for generation; provided that "solar energy device" shall notinclude skylights or windows. [L 1992, c 268, §1; am L 2005, c 157, §2]