Section 32-25.5-3.5-4 - Homeowner's petition of other members for approval to install solar energy system; required information; required signatures; presentation to board; denial of request prohibited if requirements met(a) This section applies to a homeowner who:(1) seeks to install a solar energy system on the homeowner's dwelling unit or property; and(2) is a member of a homeowners association:(A) the governing documents of which prohibit, restrict, or limit the installation of solar energy systems by members of the homeowners association; or(B) whose board of directors, architectural review committee, or architectural control committee has denied the homeowner's request to install a solar energy system for a reason not set forth in section 5 of this chapter.(b) A homeowner to whom this section applies may petition other homeowners association members for approval to install a solar energy system on the homeowner's dwelling unit or property. A homeowner who chooses to petition other homeowners association members under this section must provide the other members with information regarding: (1) the site plan of the solar energy system to be installed, including:(A) the property boundaries;(B) a description of the dwelling unit;(C) the color of the solar energy system; and(D) any screening to be used in connection with the solar energy system, if the solar energy system is to be installed in a location other than on the roof of the homeowner's dwelling unit;(2) the vendor and installer of the solar energy system; and(3) the plans and specifications for the solar energy system, if requested by the other homeowners association members.(c) A homeowner who chooses to petition other homeowners association members under this section must obtain signatures in an amount equal to at least:(1) the number of signatures needed to amend the covenants or other governing documents of the homeowners association; or(2) sixty-five percent (65%) of the members of the homeowners association; whichever is less. Any provisions in the homeowners association governing documents concerning voting rights and restrictions based on the number of lots owned by a particular homeowners association member apply to a petition under this section.
(d) Once the homeowner obtains the required number of signatures under subsection (c), the homeowner must present the signatures and information provided in subsection (b) to the homeowners association board of directors. The board of directors, an architectural review committee, or an architectural control committee of the homeowners association may not deny the homeowner's request to install the solar energy system once the homeowner has obtained the required number of signatures, if the homeowner complied with the requirements provided in this section.Added by P.L. 73-2022,SEC. 1, eff. 3/10/2022.