Prohibit certain restrictions on solar energy devices and pollinator gardens and provide a cause of action
LB137 would limit the ability of homeowners associations and similar private covenant-enforcing entities to restrict or charge fees for certain property uses. Specifically, it would make void and unenforceable any covenant, declaration, bylaw, deed term, contract, or similar agreement that prohibits or outright restricts the installation or use of solar energy collectors or solar energy systems, the building of structures that facilitate solar energy collection, or the creation of pollinator gardens. It also bars associations from assessing or charging a homeowner a fee for placing those solar or pollinator-garden features on the property.
The bill defines a pollinator garden as a garden designed to support pollinators such as bees, butterflies, and hummingbirds by providing food, water, and shelter, and in compliance with local pollinator-garden programs. It also directs the Revisor of Statutes to place the new provisions into the appropriate chapter of Nebraska law. In addition, the bill creates a civil cause of action for a homeowner against a homeowners association, similar mutual benefit association, corporation, or other person that violates the act.
LB137 would change Nebraska law by overriding private restrictive covenants and HOA rules to the extent they block or penalize solar energy devices, solar energy systems, related support structures, and pollinator gardens. It would make conflicting existing provisions unenforceable and give homeowners a statutory right to sue for violations, thereby expanding homeowner protections and limiting HOA discretion over exterior property improvements. The bill would affect homeowners associations, property owners, and entities enforcing restrictive covenants.
The available record shows no committee transcript or recorded vote history, so there is no direct evidence of debate or amendment activity in the materials provided. Based on the bill’s subject and structure, the measure appears to be framed as a homeowner-rights and clean-energy-support bill, with an emphasis on encouraging solar adoption and pollinator habitat. The final status of the bill is indefinite postponement, indicating it did not advance, but the provided materials do not show the reasons for that outcome.
The likely points of contention are the bill’s restriction on private HOA authority and its creation of a private right of action. Supporters would likely favor the bill for protecting homeowners’ ability to install solar equipment and maintain pollinator gardens, while opponents may object that it limits community covenants, reduces neighborhood uniformity, and exposes associations to litigation. Another possible issue is the prohibition on fees, which could be viewed by associations as interfering with cost recovery or architectural review processes.