(1) Except as provided in subsection (3) of this section, a provision in a declaration or bylaws of a planned community that prohibits an owner of the roof or other exterior portion of a building or improvement on which solar panels may be installed from installing or using solar panels for obtaining solar access, as described in ORS § 215.044 and 227.190, is void and unenforceable as a violation of the public policy to protect the public health, safety and welfare of the people of Oregon.

(2) An owner of record of real property subject to an instrument that contains a provision described in subsection (1) of this section may file a petition to remove the provision in the manner provided in ORS § 93.272 for removal of a provision from an instrument conveying or contracting to convey real property.

(3) A homeowners association may adopt and enforce a provision that imposes reasonable size, placement or aesthetic requirements for the installation or use of solar panels described in subsection (1) of this section. [2017 c.282 § 2]