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2014 SESSION
14101221DBe it enacted by the General Assembly of Virginia:
1. That § 67-701 of the Code of Virginia is amended and reenacted as follows:
§ 67-701. Covenants regarding solar power.
A. Effective
July 1, 2008, no No
community association shall prohibit an owner from installing or using a solar
energy collection device on that owner's property. However a community
association may establish reasonable restrictions concerning the size, place,
and manner of placement of such solar energy collection devices on property
designated and intended for individual ownership and use. Any resale
certificate pursuant to § 55-79.97 and any disclosure packet pursuant to §
55-509.5, as applicable, given to a purchaser shall contain a statement setting
forth any restriction, limitation, or prohibition on the right of an owner to
install or use solar energy collection devices on his property.
B. The community association may prohibit or restrict the installation of solar energy collection devices on the common elements or common area within the real estate development served by the community association. A community association may establish reasonable restrictions as to the size, place, and manner of placement or installation of any solar energy collection device installed on the common elements or common area.
C. This section shall not
apply with respect to any provision of a restrictive covenant that restricts
the installation or use of any solar collection device if such provision became
effective prior to July 1, 2008.
Nothing in this section shall
be construed to (i) invalidate any provision of a restrictive covenant that
prohibits or restricts the installation or use of any solar collection device
if such provision was in effect before July 1, 2008, or (ii) prohibit the
amendment of a restrictive covenant to prohibit or restrict the installation or
use of any solar collection device, or to remove prohibitions or restrictions
on the installation or use of any solar collection device if such amendment is
adopted by the membership of the community association in accordance with such association's
governing documents.
2. That the General Assembly finds that this act is an exercise of the police power of the Commonwealth that is necessary for the general good of the public and its enactment is a necessary and appropriate response to the valid public need to increase the use of solar power as a means of reducing reliance on energy sources that contribute to greenhouse gas emissions.