                                 CODE OF VIRGINIA

INSTALLATION OF SOLAR ENERGY COLLECTION DEVICES (§ 55.1-2133.1)

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 association shall prohibit an owner from installing a solar energy
collection device on that owner&#8217;s property unless the recorded declaration
for the association establishes such a prohibition. However, an 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 association to show that the
restriction is not reasonable according to the criteria established in this
subsection.

D. The 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 association. An 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.