A05639
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1759
Session of
2023
INTRODUCED BY HANBIDGE, SMITH-WADE-EL, MADDEN, KHAN, OTTEN,
BURGOS, CONKLIN, SCHLOSSBERG, SANCHEZ, GUENST, HILL-EVANS,
KAZEEM, BOROWSKI, STEELE, VITALI AND CIRESI, OCTOBER 16, 2023
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 16, 2023
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in general provisions
relating to condominiums, further providing for definitions;
and, in management of the condominium, further providing for
powers of unit owners' association.
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in general provisions
relating to residential real property, further providing for
definitions and providing for prohibition of deed
restrictions pertaining to solar energy systems.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3103 of Title 68 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 3103. Definitions.
The following words and phrases when used in this subpart and
in the declaration and bylaws shall have the meanings given to
them in this section unless specifically provided otherwise or
unless the context clearly indicates otherwise:
* * *
"Detached roof." A roof of a unit that is solely owned by an
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individual and is not designated as part of the common elements
in the governing documents of the association.
* * *
"Solar energy system." Any of the following that have the
primary purpose of providing for the collection, storage and
distribution of solar or radiant energy received from the sun to
generate electricity:
(1) A solar collection panel, film, shingle or other
solar energy device.
(2) A solar structural component fixed in an operating
position.
* * *
"Townhouse unit." A unit designed for a single family:
(1) That is constructed with attached walls to another
unit on at least one side that extends from the foundation to
the roof.
(2) That has at least two sides unattached to another
building.
(3) For which the repair of the roof of the unit is
designated as the responsibility of the owner of the unit and
not the responsibility of the association.
* * *
Section 2. Section 3302 of Title 68 is amended by adding a
subsection to read:
§ 3302. Powers of unit owners' association.
* * *
(c) Solar energy systems.--Notwithstanding subsection (a),
the association may not prohibit or restrict the installation or
use of a solar energy system on a detached roof or townhouse
unit.
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Section 3. This act shall take effect in 60 days.
Section 1. Section 7102 of Title 68 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 7102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Detached roof." A roof of a unit that is solely owned by an
individual and is not designated as part of the common elements
in the governing documents of the association.
* * *
"Solar energy system." Any of the following that have the
primary purpose of providing for the collection, storage and
distribution of solar or radiant energy received from the sun:
(1) a solar collection panel, film, shingle or other
solar energy device; or
(2) a solar structural component fixed in an operating
position.
* * *
Section 2. Title 68 is amended by adding a section to read:
§ 7104. Prohibition of deed restrictions pertaining to solar
energy systems.
(a) Prohibition.--
(1) Except as provided in subsection (b), no deed
restriction, covenant or binding agreement running with the
land may prohibit or have the effect of prohibiting a solar
energy system from being installed on a residential dwelling
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or detached roof on a lot or parcel covered by the deed
restriction, covenant or binding agreement.
(2) A property owner may not be denied permission to
install a solar energy system by an entity granted the power
or right in a deed restriction, covenant or similar binding
agreement to approve, forbid, control or direct alteration of
property with respect to a residential dwelling.
(b) Exceptions.--
(1) This section shall not apply to:
(i) land subject to an agricultural conservation
easement under the act of June 30, 1981 (P.L.128, No.43),
known as the Agricultural Area Security Law;
(ii) a freestanding solar energy system placed on a
parcel of land within a deeded property; or
(iii) a deed restriction, covenant or similar
binding agreement affecting land subject to open space
use as defined in section 2(4) of the act of January 19,
1968 (1967 P.L.992, No.442), entitled "An act authorizing
the Commonwealth of Pennsylvania and the local government
units thereof to preserve, acquire or hold land for open
space uses."
(2) The governing documents of an association created
under Subpart B (relating to condominiums) or D (relating to
planned communities) of Part II (relating to real property)
may provide reasonable regulation of solar energy systems for
the following purposes:
(i) To require that a solar energy system meets
applicable health and safety standards and requirements
imposed by State and local permitting authorities.
(ii) To require that, if used to heat water, a solar
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energy system is certified by the Solar Rating and
Certification Corporation or other nationally recognized
certification agency. Certification must be for the solar
energy system itself and for the method of installation.
(iii) To require that, if used to produce
electricity, a solar energy system meets all applicable
safety and performance standards established by the
National Electric Code, the Institute of Electrical and
Electronics Engineers, accredited testing laboratories,
such as Underwriters Laboratories, and applicable rules
of agencies of the Commonwealth regarding safety and
reliability.
(iv) To require that a solar energy system frame, a
support bracket or visible piping or wiring be painted to
coordinate with the roofing material.
(v) To require that a unit owner installing a solar
energy system indemnify or reimburse the association or
its members for loss or damage caused by the
installation, maintenance or use of the solar energy
system.
(vi) To include other reasonable rules regarding the
placement of a solar energy system in order to maintain
the aesthetic qualities of the buildings and grounds of
the community.
Section 3. This act shall take effect in 60 days.
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