57-8a-701. Solar energy system — Prohibition or restriction in declaration or associationrule.
(1)
As used in this section, “detached dwelling” means a detached dwelling for which the association does not have an ownership interest in the detached dwelling’s roof.
Terms Used In Utah Code 57-8a-701
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
association: means a corporation or other legal entity, any member of which:
(i)
is an owner of a residential lot located within the jurisdiction of the association, as described in the governing documents; and
(ii)
by virtue of membership or ownership of a residential lot is obligated to pay:
(A)
real property taxes;
(B)
insurance premiums;
(C)
maintenance costs; or
(D)
for improvement of real property not owned by the member. See Utah Code 57-8a-102
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Deed: The legal instrument used to transfer title in real property from one person to another.
Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
designated for separate ownership or occupancy; and
(ii)
(A)
shown on a recorded subdivision plat; or
(B)
the boundaries of which are described in a recorded governing document; or
(b)
(i)
a unit in a condominium association if the condominium association is a part of a development; or
(ii)
a unit in a real estate cooperative if the real estate cooperative is part of a development. See Utah Code 57-8a-102
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Rule: means a policy, guideline, restriction, procedure, or regulation of an association that:
(i)
is not set forth in a contract, easement, article of incorporation, bylaw, or declaration; and
(ii)
governs:
(A)
the conduct of persons; or
(B)
the use, quality, type, design, or appearance of real property or personal property. See Utah Code 57-8a-102
Solar energy system: means :
(a)
a system that is used to produce electric energy from sunlight; and
(b)
the components of the system described in Subsection (27)(a). See Utah Code 57-8a-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
(a)
A governing document other than a declaration may not prohibit an owner of a lot with:
(i)
a detached dwelling from installing a solar energy system; or
(ii)
a dwelling attached to other dwellings from installing a solar energy system, if:
(A)
the association does not have an ownership interest in the dwelling’s roof or building exterior;
(B)
the association does not have a maintenance, repair, or replacement obligation in the dwelling’s roof or building exterior; and
(C)
all lot owners with attached dwellings in the building agree to the installation of the solar energy system.
(b)
A governing document other than a declaration or an association rule may not restrict an owner of a lot with:
(i)
a detached dwelling from installing a solar energy system on the owner’s lot; or
(ii)
a dwelling attached to other dwellings from installing a solar energy system on the roof of the dwelling’s building, if:
(A)
the association does not have an ownership interest in the dwelling’s roof or building exterior;
(B)
the association does not have a maintenance, repair, or replacement obligation in the dwelling’s roof or building exterior; and
(C)
all lot owners with attached dwellings in the building agree to the installation of the solar energy system.
(3)
A declaration may, for a lot with a detached dwelling:
(a)
prohibit a lot owner from installing a solar energy system; or
(b)
impose a restriction other than a prohibition on a solar energy system’s size, location, or manner of placement if the restriction:
(i)
decreases the solar energy system’s production by 5% or less;
(ii)
increases the solar energy system’s cost of installation by 5% or less; and
If a declaration does not expressly prohibit the installation of a solar energy system on a lot with a detached dwelling, an association may not amend the declaration to impose a prohibition on the installation of a solar energy system unless the association approves the prohibition by a vote of greater than 67% of the allocated voting interests of the lot owners in the association.
(b)
An association may amend an existing provision in a declaration that prohibits the installation of a solar energy system on a lot with a detached dwelling if the association approves the amendment by a vote of greater than 67% of the allocated voting interests of the lot owners in the association.
(5)
An association may, by association rule, for a lot with a detached dwelling, impose a restriction other than a prohibition on a lot owner’s installation of a solar energy system if the restriction:
decreases the solar energy system’s production by 5% or less; and
(c)
increases the solar energy system’s cost of installation by 5% or less.
(6)
A declaration or an association rule may require an owner of a dwelling that installs a solar energy system on the owner’s lot:
(a)
to install a solar energy system that, or install the solar energy system in a manner that:
(i)
complies with applicable health, safety, and building requirements established by the state or a political subdivision of the state;
(ii)
if the solar energy system is used to heat water, is certified by:
(A)
the Solar Rating and Certification Corporation; or
(B)
a nationally recognized solar certification entity;
(iii)
if the solar energy system is used to produce electricity, complies with applicable safety and performance standards established by:
(A)
the National Electric Code;
(B)
the Institute of Electrical and Electronics Engineers;
(C)
Underwriters Laboratories;
(D)
an accredited electrical testing laboratory; or
(E)
the state or a political subdivision of the state;
(iv)
if the solar energy system is mounted on a roof:
(A)
does not extend above the roof line; or
(B)
has panel frame, support bracket, or visible piping or wiring that has a color or texture that is similar to the roof material; or
(v)
if the solar energy system is mounted on the ground, is not visible from the street that a lot fronts;
(b)
to pay any reasonable cost or expense incurred by the association to review an application to install a solar energy system;
(c)
be responsible, jointly and severally with any subsequent owner of the lot while the violation of the rule or requirement occurs, for any cost or expense incurred by the association to enforce a declaration requirement or association rule; or
(d)
as a condition of installing a solar energy system, to record a deed restriction against the owner’s lot that runs with the land that requires the current owner of the lot to indemnify or reimburse the association or a member of the association for any loss or damage caused by the installation, maintenance, or use of the solar energy system, including costs and reasonable attorney fees incurred by the association or a member of the association.
