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DE HB58
Bill
Status
1/26/2017
Primary Sponsor
Kimberly Williams
Click for details
AI Summary
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Voids and makes unenforceable any deed, contract, or legal covenant that prohibits or unreasonably restricts the installation of roof-mounted solar energy systems on single-family homes and townhouses.
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Voids and makes unenforceable covenants restricting ground-mounted solar systems on residential properties of 1/2 acre or greater, though reasonable restrictions requiring landscaping or fencing to shield systems from view remain valid.
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Defines "reasonable restrictions" on solar systems as those that do not significantly increase costs, decrease efficiency, or allow comparable alternative systems meeting the same energy conservation standards.
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Removes the previous January 1, 2010 date limitation, applying the solar covenant protections to all documents regardless of when recorded.
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Awards costs and reasonable attorney's fees to the prevailing party in any litigation arising from disputes over this section's provisions.
Legislative Description
An Act To Amend Title 25 Of The Delaware Code Relating To Solar Photovoltaic Systems And Restrictive Covenants.
Last Action
Defeated By House. Votes: 17 YES 22 NO 1 NOT VOTING 1 ABSENT
4/4/2017