Part 7. Solar Access
57-8a-701. Solar energy system -- Prohibition or restriction in declaration or association rule.
(1) As used in this section, "detached dwelling" means a detached dwelling for which the association does not have an ownership interest in the detached dwelling's roof.
(2) (a) A governing document other than a declaration may not prohibit an owner of a lot with a detached dwelling from installing a solar energy system.
(b) A governing document other than a declaration or an association rule may not restrict an owner of a lot with a detached dwelling from installing a solar energy system on the owner's lot.
(3) A declaration may, for a lot with a detached dwelling:
(a) prohibit a lot owner from installing a solar energy system; or
(b) impose a restriction other than a prohibition on a solar energy system's size, location, or manner of placement if the restriction:
(i) decreases the solar energy system's production by 5% or less;
(ii) increases the solar energy system's cost of installation by 5% or less; and
(iii) complies with Subsection (6).
(4) (a) If a declaration does not expressly prohibit the installation of a solar energy system on a lot with a detached dwelling, an association may not amend the declaration to impose a prohibition on the installation of a solar energy system unless the association approves the prohibition by a vote of greater than 67% of the allocated voting interests of the lot owners in the association.
(b) An association may amend an existing provision in a declaration that prohibits the installation of a solar energy system on a lot with a detached dwelling if the association
approves the amendment by a vote of greater than 67% of the allocated voting interests of the
lot owners in the association.
(5) An association may, by association rule, for a lot with a detached dwelling, impose a restriction other than a prohibition on a lot owner's installation of a solar energy system if the restriction:
(a) complies with Subsection (6);
(b) decreases the solar energy system's production by 5% or less; and
(c) increases the solar energy system's cost of installation by 5% or less.
(6) A declaration or an association rule may require an owner of a detached dwelling that installs a solar energy system on the owner's lot:
(a) to install a solar energy system that, or install the solar energy system in a manner that:
(i) complies with applicable health, safety, and building requirements established by the state or a political subdivision of the state;
(ii) if the solar energy system is used to heat water, is certified by:
(A) the Solar Rating and Certification Corporation; or
(B) a nationally recognized solar certification entity;
(iii) if the solar energy system is used to produce electricity, complies with applicable safety and performance standards established by:
(A) the National Electric Code;
(B) the Institute of Electrical and Electronics Engineers;
(C) Underwriters Laboratories;
(D) an accredited electrical testing laboratory; or
(E) the state or a political subdivision of the state;
(iv) if the solar energy system is mounted on a roof:
(A) does not extend above the roof line; or
(B) has panel frame, support bracket, or visible piping or wiring that has a color or texture that is similar to the roof material; or
(v) if the solar energy system is mounted on the ground, is not visible from the street
that a lot fronts;
(b) to pay any reasonable cost or expense incurred by the association to review an application to install a solar energy system;
(c) be responsible, jointly and severally with any subsequent owner of the lot while the violation of the rule or requirement
(d) as a condition of installing a solar energy system, to record a deed restriction against the owner's lot that runs with the land that requires the current owner of the lot to indemnify or reimburse the association or a member of the association for any loss or damage caused by the installation, maintenance, or use of the solar energy system, including costs and reasonable attorney fees incurred by the association or a member of the association.
Section 3. Section 57-8a-702 is enacted to read:
57-8a-702. Attorney fees.
In an action to enforce this part, the court may award the prevailing party, in addition to any other available relief, an amount equal to the prevailing party's costs and reasonable attorney fees.
Section 4. Section 57-8a-703 is enacted to read:
57-8a-703. Applicability.
(1) Except as provided in Subsection (2), this part applies to a declaration or official association action regardless of when the declaration was recorded or the official association action was taken.
(2) This part does not apply to an express prohibition or an express restriction on a lot owner's installation of a solar energy system:
(a) described in a declaration recorded before January 1, 2017; or
(b) created by official association action taken before January 1, 2017.
(3) This part does not apply during the period of administrative control.
10-9a-610. Restrictions for solar and other energy devices.
The land use authority may refuse to approve or renew any plat, subdivision plan, or dedication of any street or other ground, if deed restrictions, covenants, or similar binding agreements running with the land for the lots or parcels covered by the plat or subdivision prohibit or have the effect of prohibiting reasonably sited and designed solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on lots or parcels covered by the plat or subdivision.
17-27a-610. Restrictions for solar and other energy devices.
The land use authority may refuse to approve or renew any plat, subdivision plan, or dedication of any street or other ground, if deed restrictions, covenants, or similar binding agreements running with the land for the lots or parcels covered by the plat or subdivision prohibit or have the effect of prohibiting reasonably sited and designed solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on lots or parcels covered by the plat or subdivision.
Chapter 13 Solar Easements 57-13-1
Definitions. As used in this act: (1) "Solar easement" means a right, whether or not stated in the form of restriction, easement, covenant, or conditions in any deed, will, or other instrument executed by or on behalf of any owner of land or solar skyspace for the purpose of ensuring adequate exposure of a solar energy system as defined herein.
(2) "Solar energy system" means a system of apparatus and equipment capable of collecting and converting incident solar radiation into heat, or mechanical or electrical energy, and transferring these forms of energy by a separate apparatus to storage or to point of use, including, but not limited to, water heating, space heating or cooling, electric energy generation or mechanical energy generation.
(3) "Passive solar system" means a system which uses structural elements of the building, to provide for collection, storage, and distribution of solar energy for heating or cooling.
(4) "Solar skyspace" means the space between a solar energy collector and the sun which must remain unobstructed such that on any given clear day of the year, not more than 10% of the collectable insolation shall be blocked.
Enacted by Chapter 82, 1979 General Session
57-13-2 Creation of solar easement -- Writing required -- Contents -- Enforcement.
(1) Any property owner may grant a solar easement in the same manner and with the same effect as a conveyance of an interest in real property. The easements shall be created in writing and shall be filed, duly recorded and indexed in the office of the recorder of the county in which the easement is granted. Such easements shall run with the land or lands benefited and burdened and shall constitute a perpetual easement, except that a solar easement may terminate upon the conditions stated herein.
(2) Any deed, will, or other instrument that creates a solar easement shall include, but the contents need not be limited to:
(a) a description of the real property subject to the solar easement and a description of the real property benefiting from the solar easement;
(b) a description of the vertical and horizontal angles, expressed in degrees and measured from the site of the solar energy system, at which the solar easement extends over the real property subject to the solar easement, or any other description which defines the three dimensional space, or the place and times of day in which an obstruction to direct sunlight is prohibited or limited;
(c) any terms or conditions under which the solar easement is granted or may be terminated;
(d) any provisions for compensation of the owner of the real property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement, or compensation of the owner of the real property subject to the solar easement, or compensation of the owner of the real property subject to the solar easement for maintaining the solar easement; and
(e) any other provisions necessary or desirable to execute the instrument.
(3) A solar easement may be enforced by injunction or proceedings in injunction or other civil action.