Restrictions on Use - Solar Collector Systems - Alteration
Summary
HB4 revises Maryland’s property law governing restrictions on the installation of solar collector systems. The bill strengthens the rule that private covenants, deed restrictions, condominium bylaws, homeowners association rules, and similar instruments may not impose unreasonable limits on rooftop or exterior-wall solar installations. Under the new standard, a restriction is deemed unreasonable if it increases the projected installation cost by at least 5 percent or reduces projected energy generation by at least 10 percent, and the property owner must provide supporting documentation from a qualified independent solar design specialist.
The bill also clarifies the authority of community associations over solar systems in common areas and common elements. Associations may prohibit or restrict installations in those shared areas and may impose reasonable limits on number, size, placement, or manner of installation. At the same time, the board of a community association is expressly given discretion to install a solar collector system in common areas or common elements if not otherwise prohibited by law. The bill preserves the existing ability of property owners to negotiate and record solar easements, and it continues to exclude historic properties listed on, or eligible for, the Maryland Register of Historic Properties.
Impact
HB4 amends Section 2-119 of the Maryland Real Property Article, changing the legal test for when a land-use restriction on solar collector systems is considered unreasonable. It creates specific cost and efficiency thresholds, adds documentation requirements, and codifies community association authority over solar installations in shared areas. The bill affects homeowners, condominium and homeowners associations, developers, and property owners seeking to install rooftop or other solar energy systems, while leaving historic-property exemptions intact.
Sentiment
The bill appears to have broad legislative support, passing the House 99-36 and the Senate 34-13. The vote margins suggest general approval of the measure’s goal of facilitating solar installations while preserving some association control and historic-property protections. No committee transcript was provided, so the available record shows support in both chambers but not detailed debate.
Contention
The main point of contention is the balance between promoting solar access and preserving private property and association governance. Supporters likely favor the bill’s clearer protections against restrictive covenants that make solar more expensive or less effective, while opponents may object to limiting the ability of homeowners associations, condominium boards, and other land-use actors to regulate appearance, placement, and design. A second area of tension is the bill’s treatment of common areas: it allows associations to prohibit or restrict solar there, but also gives boards discretion to install systems, which may raise questions about control, cost, and member consent.