§ 22B-20. Deed restrictions and other agreements prohibiting solar collectors.
Article 3.
Deed Restrictions,Covenants, and Other Agreements Prohibiting Solar Collectors.
§ 22B‑20. Deedrestrictions and other agreements prohibiting solar collectors.
(a) The intent of theGeneral Assembly is to protect the public health, safety, and welfare byencouraging the development and use of solar resources and by prohibiting deedrestrictions, covenants, and other similar agreements that could have theultimate effect of driving the costs of owning and maintaining a residencebeyond the financial means of most owners.
(b) Except as providedin subsection (d) of this section, any deed restriction, covenant, or similarbinding agreement that runs with the land that would prohibit, or have theeffect of prohibiting, the installation of a solar collector that gathers solarradiation as a substitute for traditional energy for water heating, activespace heating and cooling, passive heating, or generating electricity for aresidential property on land subject to the deed restriction, covenant, or agreementis void and unenforceable. As used in this section, the term "residentialproperty" means property where the predominant use is for residentialpurposes. The term "residential property" does not include anycondominium created under Chapter 47A or 47C of the General Statutes located ina multi‑story building containing units having horizontal boundariesdescribed in the declaration. As used in this section, the term"declaration" has the same meaning as in G.S. 47A‑3 or G.S. 47C‑1‑103,depending on the chapter of the General Statutes under which the condominiumwas created.
(c) This section doesnot prohibit a deed restriction, covenant, or similar binding agreement thatruns with the land that would regulate the location or screening of solarcollectors as described in subsection (b) of this section, provided the deedrestriction, covenant, or similar binding agreement does not have the effect ofpreventing the reasonable use of a solar collector for a residential property.If an owners' association is responsible for exterior maintenance of astructure containing individual residences, a deed restriction, covenant, orsimilar binding agreement that runs with the land may provide that (i) thetitle owner of the residence shall be responsible for all damages caused by theinstallation, existence, or removal of solar collectors; (ii) the title ownerof the residence shall hold harmless and indemnify the owners' association forany damages caused by the installation, existence, or removal of solar collectors;and (iii) the owners' association shall not be responsible for maintenance,repair, replacement, or removal of solar collectors unless expressly agreed ina written agreement that is recorded in the office of the register of deeds inthe county or counties in which the property is situated. As used in thissection, "owners' association" has the same meaning as in G.S. 47F‑1‑103.
(d) This section doesnot prohibit a deed restriction, covenant, or similar binding agreement thatruns with the land that would prohibit the location of solar collectors asdescribed in subsection (b) of this section that are visible by a person on theground:
(1) On the facade of astructure that faces areas open to common or public access;
(2) On a roof surfacethat slopes downward toward the same areas open to common or public access thatthe façade of the structure faces; or
(3) Within the area setoff by a line running across the façade of the structure extending to theproperty boundaries on either side of the façade, and those areas of common orpublic access faced by the structure.
(e) In any civil actionarising under this section, the court may award costs and reasonable attorneys'fees to the prevailing party. (2007‑279, s. 3; 2009‑553, s. 3.)