On Monday, April 17, 2019, Representatives John Szoka (R- Cumberland), Wayne Sasser (R- Cabarrus, Stanly), and Bobby Hanig (R- Currituck, Dare, Hyde, Pamlico) filed House Bill 750, which will create more freedom for the placement of residential solar installations. 

Currently, deed restrictions, covenants, and binding agreements, such as those made with a homeowner’s association (HOA), can prohibit residential solar installations that are public-facing. A homeowner’s association or management company can stop a solar project, or force a homeowner to reposition a solar installation, which in many cases, reduces the sunlight exposure and thus the generating performance of the installation.  

NCSEA heard from its members, both individual homeowners and rooftop solar companies, that these restrictions were stopping solar installations and discouraging potential customers from investing in solar. In response to this feedback, NCSEA drafted legislative language that prevents the prohibition of solar by these agreements.   

House Bill 750 adopted this language and will expand opportunities for the placement of residential solar installations. This is good news for the rooftop solar industry, as well as for customers who are currently limited by binding agreements or HOAs. 

If H750 becomes law, no deed, covenant or similar binding agreement, such as the bylaws of a homeowners’ association, can prohibit or have the effect of prohibiting solar. This includes 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 similar binding agreements. It also allows binding agreements to reposition a solar installation only if it doesn’t reduce operating efficiency by more than 10%. 

The bill has not yet been referred to a Committee, but NCSEA will continue to monitor its movement through the General Assembly and keep our members informed of updates. If you want to be the first to hear about legislative updates, consider becoming an NCSEA Member 

2 Comments

  1. Andrew Wojton on May 3, 2019 at 12:36 pm

    I have emailed all three of the representatives and thanked them. I am facing an issue with my HOA right now when I am trying to put solar on the side roof that can only been seen by over 100 yards away from my home. Trying to find council to help me fight now!

    • Sven Jordt on February 16, 2021 at 11:09 pm

      My HOA in Chapel Hill, NC, just denied my appeal to install solar panels on my house. They insist I have them installed on the north-eastern side of my roof that has little sunlight, increasing price by 50%. I hope this bill will be revived and become law soon.

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