Clarify Deed Restrictions/Solar Collectors.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 856

Short Title: Clarify Deed Restrictions/Solar Collectors. (Public)
Sponsors: Representatives Greenfield, Logan, von Haefen, and Liu (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 10, 2025
*H856-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO CLARIFY TH E LAW GOVERNING DEED RESTRICTIONS ON SOL AR 2
COLLECTORS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 22B-20 reads as rewritten: 5
"§ 22B-20. Deed restrictions and other agreements prohibiting solar collectors. 6
(a) The intent of the General Assembly is to protect the public health, safety, and welfare 7
by encouraging the development and use of solar resources and by prohibiting deed restrictions, 8
covenants, and other similar agreements that could have the ultimate effect of driving the costs 9
of owning and maintaining a residence beyond the financial means of most owners. 10
(b) Except as provided in subsection (d) of this section, any Any deed restriction, 11
covenant, or similar binding agreement that runs with the land that would prohibit, or have the 12
effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute 13
for traditional energy for water heating, active space heating and cooling, passive heating, or 14
generating electricity for a residential property on land subject to the deed restriction, covenant, 15
or agreement is void and unenforceable. As used in this section, the term "residential property" 16
means property where the predominant use is for residential purposes. The term "residential 17
property" does not include any condominium created under Chapter 47A or 47C of the General 18
Statutes located in a multi-story building containing units having horizontal boundaries described 19
in the declaration. As used in thi s section, the term "declaration" has the same meaning as in 20
G.S. 47A-3 or G.S. 47C-1-103, depending on the chapter of the General Statutes under which 21
the condominium was created. 22
(c) This section does not prohibit a deed restriction, covenant, or similar binding 23
agreement that runs with the land that would regulate the location or screening of solar collectors 24
as described in subsection (b) of this section, provided the deed restriction, covenant, or similar 25
binding agreement does not have the effect of preventing the reasonable use reducing the 26
operating efficiency of a solar collector for a residential property. If an owners' association is 27
responsible for exterior maintenance of a structure containing individual residences, a deed 28
restriction, covenant, or similar binding agreement that runs with the land may provide that (i) 29
the title owner of the residence shall be responsible for all damages caused by the installation, 30
existence, or removal of solar collectors; (ii) the title owner of the residence shall hold harmless 31
and indemnify the owners' association for any damages caused by the installation, existence, or 32
removal of solar collectors; and (iii) the owners' association shall not be responsible for 33
maintenance, repair, replacement, or removal of so lar collectors unless expressly agreed in a 34
written agreement that is recorded in the office of the register of deeds in the county or counties 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 856-First Edition
in which the property is situated. As used in this section, "owners' association" has the same 1
meaning as in G.S. 47F-1-103. As used in this section, the term "reducing the operating efficiency 2
of a solar collector" means the regulation of the location or screening of the solar collector would 3
decrease the efficiency or performance of the solar collector by more than ten percent (10%) of 4
the amount that was originally specified for the solar collector. 5
(d) This secti on does not prohibit a deed restriction, covenant, or similar binding 6
agreement that runs with the land that would prohibit the location of solar collectors as described 7
in subsection (b) of this section that are visible by a person on the ground: 8
(1) On the facade of a structure that faces areas open to common or public access; 9
(2) On a roof surface that slopes downward toward the same areas open to 10
common or public access that the façade of the structure faces; or 11
(3) Within the area set off by a line run ning across the façade of the structure 12
extending to the property boundaries on either side of the façade, and those 13
areas of common or public access faced by the structure. 14
(e) In any civil action arising under this section, the court may award costs and reasonable 15
attorneys' fees to the prevailing party." 16
SECTION 2. This act is effective when it becomes law and applies to deed 17
restrictions, covenants, or similar binding agreements that run with the land recorded on or after 18
that date. 19