Substitute Bill No. 5168 Summary

• Effective January 1, 2025, prohibits condominiums and cooperatives from restricting solar power generation systems on single-family detached units with non-shared roofs, and declares conflicting declaration or bylaw provisions unenforceable.

• Requires unit owners to submit solar installation applications to the executive board, which must acknowledge receipt within 30 days and issue written approval or denial within 60 days; applications are deemed approved if the board does not respond within 60 days.

• Unit owners installing solar systems must enter written agreements with the association requiring them to hire insured contractors, carry $1 million liability insurance, pay all installation costs, indemnify the association, and assume full responsibility for roof maintenance and replacement.

• Allows associations formed before January 1, 2025, to opt out of solar provisions by a 75% board vote until January 1, 2027, after which no opt-outs are permitted; permits associations to install solar systems on common elements and assess unit owners for uninsured losses related to solar systems.

• Modifies section 47-257 effective October 1, 2024, to clarify that common expense assessments must be made "not less than annually" and adds a new subsection (h) requiring that costs from unit owner alterations or improvements resulting in increased common expenses be assessed solely to that owner's unit.