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House Bill 362 |
House Author: Solomons et al. |
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Effective: 6-17-11 |
Senate Sponsor: West |
House Bill 362 amends the Property Code to prohibit a property owners' association from including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device and makes void a provision violating this prohibition. The bill exempts from the prohibition a solar energy device that meets specified requirements and authorizes the declarant of a subdivision to prohibit or restrict a property owner from installing a solar energy device during the subdivision's development period. The bill prohibits an association or the association's architectural review committee from withholding approval of the installation of a solar energy device that meets or exceeds the minimum requirements of a dedicatory instrument unless the association or committee, as applicable, determines in writing that placement of the device as proposed by the property owner constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. The bill establishes the means for making that determination.
House Bill 362 prohibits a property owners' association from including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner who is otherwise authorized to install shingles on the roof of the owner's property from installing shingles that are designed primarily to be wind and hail resistant, provide heating and cooling efficiencies greater than those provided by customary composite shingles, or provide solar generation capabilities and meet certain requirements relating to the installed shingles' appearance and durability. The bill makes its provisions applicable to a dedicatory instrument without regard to whether the dedicatory instrument takes effect or is renewed before, on, or after the bill's effective date.