Section 32-25.5-3.5-5 - Permitted reasons for homeowners association to prohibit use of, or require removal of, solar energy system(a) This section applies to a homeowners association:(1) the governing documents of which prohibit, restrict, or limit the installation of solar energy systems by members of the homeowners association; or(2) whose board of directors, architectural review committee, or architectural control committee seeks to: (A) deny a homeowner's request to install a solar energy system; or(B) require a homeowner to remove a solar energy system installed by the homeowner.(b) A homeowners association may prohibit the installation or use of a solar energy system or may require the removal of a solar energy system that has been installed only if one (1) or more of the following apply:(1) A court has found that the solar energy system threatens public health or safety.(2) A court has found that the solar energy system violates a law.(3) The solar energy system has been installed on property owned or maintained by the homeowners association.(4) The solar energy system has been installed on property owned in common by the members of the homeowners association.(5) The solar energy system has been installed in a location other than:(A) the roof of:(i) the dwelling unit of the homeowner installing the solar energy system; or(ii) another structure; approved by the homeowners association; or
(B) a fenced yard or patio owned and maintained by the homeowner.(6) The solar energy system is mounted on the roof of the dwelling unit of the homeowner installing the solar energy system and:(A) extends above or beyond the roof of the dwelling unit by more than six (6) inches;(B) does not conform to the slope of the roof and has a top edge that is not parallel to the roof line; or(C) has a frame, support bracket, or visible piping or wiring that is not in a silver, bronze, or black tone commonly available in the marketplace.(7) The solar energy system is mounted on a roof that is:(A) owned by the homeowner; but(B) maintained by the homeowners association.(8) The solar energy system is installed in a fenced yard or patio rather than on the roof of a dwelling unit and is taller than the fence line.(9) The solar energy system is installed in a manner that voids material warranties.(10) The homeowner installed the solar energy system in a manner that differs significantly from the manner of installation presented to the homeowners association: (B) architectural review committee; or(C) architectural control committee; if applicable.
Added by P.L. 73-2022,SEC. 1, eff. 3/10/2022.