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2012 SESSION

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(SB627)

GOVERNOR'S VETO

 

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 627, which would invalidate certain community association restrictive covenants on solar power devices.

The current statute bars community associations from prohibiting or restricting solar power devices, effective July 1, 2008. This bill alters the effective date by including language preventing the bar from being applied to restrictive covenants in effect prior to that date. By removing that language, Senate Bill 627 appears to contradict the general legislative rule that statutory enactments are applied prospectively. In addition to the problem of retroactive application, the legislation potentially violates both the United States Constitution (Article I, Section 10) and the Virginia Constitution (Article I, Section 11) by “impairing the obligation of contracts.” Existing law provides sufficient opportunity for community association owners to allow solar power devices if a majority so desires, by amending any applicable restrictive covenants.

Accordingly, I veto this bill.