Oregon legislature says HOA’s can’t bar rooftop solar

Posted by Laura Arnold  /   June 01, 2017  /   Posted in Uncategorized  /   No Comments

Legislature says homeowners associations can't bar rooftop solar

Homeowners associations won’t be able to deny Oregonians their right to go solar under a bill that passed the Legislature on Wednesday.

The bill, HB 2111, which sailed through the House more than a month ago on a 56-3 vote, passed the Senate 19-9.

Rep. Mitch Greenlick, a Democrat, was spurred to bring the bill by a constituent in unincorporated Washington County who reported that his homeowners association had flat refused to allow him to put solar panels on his roof.

“I think I started this in the 2013 session, so I’m really pleased that we finally got it done,” Greenlick said.

Gov. Kate Brown’s position on the bill wasn’t immediately known, but Greenlick said he couldn’t see any reason why she wouldn't sign it into law.

The bill was amended to include a provision that does allow a homeowners association to “adopt and enforce a provision that imposes reasonable size, placement or aesthetic requirements” on solar installations.

79th OREGON LEGISLATIVE ASSEMBLY--2017 Regular Session
A-Engrossed House Bill 2111
Ordered by the House April 14
Including House Amendments dated April 14
Sponsored by Representative GREENLICK; Representative HELM (at the request of Jerry Weinert)

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure.
Prohibits inclusion of provisions prohibiting installation and use of solar panels for obtaining solar access in declaration or bylaws of planned community.
Relating to solar access for residential real property.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2017 Act is added to and made a part of ORS 94.550 to 94.783.
SECTION 2. (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.


Post a Comment

Your email address will not be published. Required fields are marked *


* Copy This Password *

* Type Or Paste Password Here *

Copyright 2013 IndianaDG