GA HB961

Prohibits property owners' associations and covenants running with the land from restricting or preventing lot owners from installing or maintaining solar energy devices on their property, rendering any such restrictive provisions void and unenforceable.

Associations may still prohibit solar devices in specific circumstances, including installations that threaten public health or safety (as adjudicated by a court), violate law, are located on common areas or association-maintained property, or are used for purposes other than the lot owner's own energy consumption.

Roof-mounted solar devices must conform to the slope of the roof, not extend beyond the roof line, and use frames, brackets, or visible piping/wiring in silver, bronze, or black tones; devices in fenced yards or patios must not extend above the fence line.

Associations are barred from requiring any permit or fee for the installation or ongoing use of a solar energy device.

Applies to covenants, instruments, and association rules entered into, renewed, or adopted on or after January 1, 2013.