Tweet
Here is the final bill report prepared by legislative staff for the use of legislative members in their deliberations.
S.B 5136: Home owners associations governing documents solar energy panels signed into law 7/26/2009
FINAL BILL REPORT
SSB 5136
C 51 L 09
Synopsis as Enacted
Brief Description: Regulating the use of solar energy panels by members of homeowners'
associations.
Sponsors: Senate Committee on Financial Institutions, Housing & Insurance (originally
sponsored by Senators Hobbs, Rockefeller, Fairley, Tom, Marr, Fraser, McDermott, Shin,
Sheldon, McAuliffe, Jacobsen, Kline and Hatfield).
Senate Committee on Financial Institutions, Housing & Insurance
House Committee on Judiciary
Background: Homeowners' associations generally levy and collect assessments, manage
and maintain common property for the benefit of the residents, and enforce covenants that
govern developments. The authority to carry out these functions comes from governing
documents such as the declaration of covenants, conditions, and restrictions.
Restrictive covenants are recorded in property deeds and may regulate such broad issues as
the architectural designs of homes, schemes of landscaping, the size of mailboxes, and the
placement of satellite dishes or antennas. A person who purchases property within a
subdivision governed by a homeowner's association and subject to restrictive covenants
becomes a member of the association and generally must abide by the restrictive covenants.
Summary: Homeowners' associations' governing documents may not prohibit the
installation of solar energy panels by an owner or resident on the owner's or resident's
property, as long as it meets applicable health and safety standards and other requirements
determined by the type of solar panel. Solar water heaters must be certified by a nationally
recognized certification agency, and electricity-producing solar panels must meet certain
safety and performance standards, including those set by the national electric code,
accredited laboratories, and rules of the utilities and transportation commission for safety and
reliability.
The governing documents may include some reasonable rules and regulations regarding the
placement and aesthetic impact of solar energy panels, including restricting visibility,
requiring painting, or requiring shielding of a ground mounted panel if doing so is
economically feasible and does not reduce operating quality by more than 10 percent. The
governing documents may also require owners or residents installing solar panels to
indemnify or reimburse the association or its members for any loss or damage caused by
installation, maintenance, or use of the solar panel, and may restrict or prevent installation of
solar panels in common areas.
This prohibition applies retroactively and renders any inconsistent section of an existing
homeowner's association's governing documents void and unenforceable.
Votes on Final Passage:
Senate 45 0
House 62 35
Effective: July 26, 2009
Senate
S.B 5136: Home owners associations governing documents solar energy panels signed into law 7/26/2009
FINAL BILL REPORT
SSB 5136
C 51 L 09
Synopsis as Enacted
Brief Description: Regulating the use of solar energy panels by members of homeowners'
associations.
Sponsors: Senate Committee on Financial Institutions, Housing & Insurance (originally
sponsored by Senators Hobbs, Rockefeller, Fairley, Tom, Marr, Fraser, McDermott, Shin,
Sheldon, McAuliffe, Jacobsen, Kline and Hatfield).
Senate Committee on Financial Institutions, Housing & Insurance
House Committee on Judiciary
Background: Homeowners' associations generally levy and collect assessments, manage
and maintain common property for the benefit of the residents, and enforce covenants that
govern developments. The authority to carry out these functions comes from governing
documents such as the declaration of covenants, conditions, and restrictions.
Restrictive covenants are recorded in property deeds and may regulate such broad issues as
the architectural designs of homes, schemes of landscaping, the size of mailboxes, and the
placement of satellite dishes or antennas. A person who purchases property within a
subdivision governed by a homeowner's association and subject to restrictive covenants
becomes a member of the association and generally must abide by the restrictive covenants.
Summary: Homeowners' associations' governing documents may not prohibit the
installation of solar energy panels by an owner or resident on the owner's or resident's
property, as long as it meets applicable health and safety standards and other requirements
determined by the type of solar panel. Solar water heaters must be certified by a nationally
recognized certification agency, and electricity-producing solar panels must meet certain
safety and performance standards, including those set by the national electric code,
accredited laboratories, and rules of the utilities and transportation commission for safety and
reliability.
The governing documents may include some reasonable rules and regulations regarding the
placement and aesthetic impact of solar energy panels, including restricting visibility,
requiring painting, or requiring shielding of a ground mounted panel if doing so is
economically feasible and does not reduce operating quality by more than 10 percent. The
governing documents may also require owners or residents installing solar panels to
indemnify or reimburse the association or its members for any loss or damage caused by
installation, maintenance, or use of the solar panel, and may restrict or prevent installation of
solar panels in common areas.
This prohibition applies retroactively and renders any inconsistent section of an existing
homeowner's association's governing documents void and unenforceable.
Votes on Final Passage:
Senate 45 0
House 62 35
Effective: July 26, 2009
Senate
Comment