Proposed Federal Law May Further Restrict Association Rights to Regulate Solar Devices
The American Clean Energy and Security Act of 2009, which recently passed the U.S. House, contains provisions that restrict any association action which impairs the installation, construction, maintenance or use of solar energy systems. If the act becomes law, as written it would supersede Colorado's current statutes with respect to solar devices and could further curtail the restrictions that associations may impose. CAI National is following the Act's process and will be working closely with Senators as the bill is considered in the U.S. Senate.
As both a HOA board member and association member I believe this is needed, well founded, and well worded legislation as proposed. While some HOA's may see this too open I believe this kind of legal support is absolutely required.
It appears that this bill gives a tenant rights over the landlord's property. A Leasor cannot restrict the Leasee when it comes to solar? This can cause severe financial consequences to an owner of the property if a tenant puts is some poorly constructed solar system.