Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 119 (2025GS)

Sponsor

Rep. Owens, Doug

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• stops a homeowners association from prohibiting solar panel installation; and
• authorizes a homeowners association to restrict solar panel installation.

Every vote on this bill

Bill text

3
57-8a-701
57-8a-701
0
Solar Panel Restrictions in Homeowners Associations Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: Todd Weiler
LONG TITLE
General Description:
This bill modifies the Utah Community Association Act. 
Highlighted Provisions:
This bill:
stops a homeowners association from prohibiting solar panel installation; and
authorizes a homeowners association to restrict solar panel installation.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-8a-701
, as last amended by Laws of Utah 2023, Chapter 503
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
57-8a-701
 is amended to read:
57-8a-701
. Solar energy system -- Restriction in declaration or association rule.
(1)
As used in this section, "detached dwelling" means a detached dwelling for which the 
association does not have an ownership interest in the detached dwelling's roof.
(2)
(a)
A 
No 
governing document
,
 other than a declaration
,
 may 
not 
prohibit an owner 
of a lot with:
(i)
a detached dwelling from installing a solar energy system; or
(ii)
a dwelling attached to other dwellings from installing a solar energy system, if:
(A)
the association does not have an ownership interest in the dwelling's roof or 
building exterior;
(B)
the association does not have a maintenance, repair, or replacement obligation 
in the dwelling's roof or building exterior; and
(C)
all lot owners with attached dwellings in the building agree to the installation 
of the solar energy system.
(b)
A governing document other than a
Except as provided in Subsection 
(4)
, solar 
energy system restrictions on the owner of a lot described in Subsection 
(2)(a)
 shall 
be by
 declaration or 
an 
association rule
 may not restrict an owner of a lot with:
.
(i)
a detached dwelling from installing a solar energy system on the owner's lot; or
(ii)
a dwelling attached to other dwellings from installing a solar energy system on 
the roof of the dwelling's building, if:
(A)
the association does not have an ownership interest in the dwelling's roof or 
building exterior;
(B)
the association does not have a maintenance, repair, or replacement 
obligation in the dwelling's roof or building exterior; and
(C)
all lot owners with attached dwellings in the building agree to the installation 
of the solar energy system.
(3)
A declaration may, for a lot with a detached dwelling:
(a)
prohibit a lot owner from installing a solar energy system; or
(b)
impose a restriction other than a prohibition on a solar energy system's size, 
location, or manner of placement if the restriction:
(i)
decreases the solar energy system's production by 5% or less;
(ii)
increases the solar energy system's cost of installation by 5% or less; and
(iii)
complies with Subsection 
(6)
.
(4)
(3)
(a)
If a declaration does not expressly prohibit the installation of a solar energy 
system on a lot with a detached dwelling, an 
An 
association may not amend the 
declaration to impose a prohibition on the installation of a solar energy system unless 
the association approves the prohibition by a vote of 
greater than
at least
 67% of the 
allocated voting interests of the lot owners in the association.
(b)
An association may amend an existing provision in a declaration that prohibits the 
installation of a solar energy system on a lot with a detached dwelling if the 
association approves the amendment by a vote of 
greater than 67%
at least 51%
 of 
the allocated voting interests of the lot owners in the association.
(5)
An association may, by association rule, for a lot with a detached dwelling, impose a 
restriction other than a prohibition on a lot owner's installation of a solar energy system 
if the restriction:
(a)
complies with Subsection 
(6)
;
(b)
decreases the solar energy system's production by 5% or less; and
(c)
increases the solar energy system's cost of installation by 5% or less.
(6)
(4)
A declaration or an association rule may require an owner of a dwelling that installs 
a solar energy system on the owner's lot:
(a)
to 
install a solar energy system that, or install the solar energy system in a manner 
that:
(i)
complies with applicable health, safety, and building requirements established by 
the state or a political subdivision of the state;
(ii)
if the solar energy system is used to heat water, is certified by:
(A)
the Solar Rating and Certification Corporation; or
(B)
a nationally recognized solar certification entity;
(iii)
if the solar energy system is used to produce electricity, complies with applicable 
safety and performance standards established by:
(A)
the National Electric Code;
(B)
the Institute of Electrical and Electronics Engineers;
(C)
Underwriters Laboratories;
(D)
an accredited electrical testing laboratory; or
(E)
the state or a political subdivision of the state;
(iv)
if the solar energy system is mounted on a roof:
(A)
does not extend above the roof line; or
(B)
has panel frame, support bracket, or visible piping or wiring that has a color or 
texture that is similar to the roof material; or
(v)
if the solar energy system is mounted on the ground, is not visible from the street 
that a lot fronts;
(b)
to 
pay any reasonable cost or expense incurred by the association to review an 
application to install a solar energy system;
(c)
be responsible, jointly and severally with any subsequent owner of the lot while the 
violation of the rule or requirement occurs, for any cost or expense incurred by the 
association to enforce a declaration requirement or association rule; 
or
(d)
as a condition of installing a solar energy system, to record a deed restriction against 
the owner's lot that runs with the land that requires the current owner of the lot to 
indemnify or reimburse the association or a member of the association for any loss or 
damage caused by the installation, maintenance, or use of the solar energy system, 
including costs and reasonable attorney fees incurred by the association or a member 
of the association
.
; or
(e)
 follow restrictions on a solar energy system's size, location, or manner of placement 
if the restriction:
(i)
decreases the solar energy system's production by 5% or less than the solar 
production without the restriction; and
(ii)
increases the solar energy system's cost of installation by 5% or less than the cost 
of the installation without the restriction.
Section 2. 
Effective date.
This bill takes effect on 
May 7, 2025
.
3-6-25 2:05 PM