                                 CODE OF VIRGINIA

INSTALLATION OF SOLAR ENERGY COLLECTION DEVICES (§ 55.1-1951.1)

A. As used in this section, &#8220;solar energy collection device&#8221; means
any device manufactured and sold for the sole purpose of facilitating the
collection and beneficial use of solar energy, including passive heating panels
or building components and solar photovoltaic apparatus.

B. No unit owners&#8217; association shall prohibit an owner from installing a
solar energy collection device on that owner&#8217;s property unless the
recorded declaration for the unit owners&#8217; association establishes such a
prohibition. However, a unit owners&#8217; association may establish reasonable
restrictions concerning the size, place, and manner of placement of such solar
energy collection devices on property designated and intended for individual
ownership and use. Any resale certificate pursuant to &#xA7; 55.1-2309 given to
a purchaser shall contain a statement setting forth any restriction, limitation,
or prohibition on the right of an owner to install or use solar energy
collection devices on his property.

C. A restriction shall be deemed not to be reasonable if application of the
restriction to a particular proposal (i) increases the cost of installation of
the solar energy collection device by five percent over the projected cost of
the initially proposed installation or (ii) reduces the energy production by the
solar energy collection device by 10 percent below the projected energy
production of the initially proposed installation. The owner shall provide
documentation prepared by an independent solar panel design specialist, who is
certified by the North American Board of Certified Energy Practitioners and is
licensed in Virginia, that is satisfactory to the unit owners&#8217; association
to show that the restriction is not reasonable according to the criteria
established in this subsection.

D. The unit owners&#8217; association may prohibit or restrict the installation
of solar energy collection devices on the common elements or common area within
the real estate development served by the unit owners&#8217; association. A unit
owners&#8217; association may establish reasonable restrictions as to the
number, size, place, and manner of placement or installation of any solar energy
collection device installed on the common elements or common area.

HISTORY: 2006, c. 939, §§ 67-700, 67-701; 2008, c. 881; 2009, c. 866; 2013, c.
357; 2014, c. 525; 2020, cc. 272, 795; 2021, Sp. Sess. I, c. 387; 2023, cc. 387,
388.