AN ACT TO CLARIFY THE LAW GOVERNING DEED RESTRICTIONS ON SOLAR COLLECTORS.
Amends GS 22B-20, which makes deed restrictions and other agreements prohibiting solar collectors on residential property void and unenforceable. Explicitly permits a deed restriction, covenant, or similar binding agreement that runs with the land to regulate the location or screening of solar collectors so long as the restriction, covenant, or agreement does not have the affect of reducing the operating efficiency of a solar collector for a residential property (was the effect of preventing the reasonable use). Defines reducing the operating efficiency of a solar collector to mean the regulation of the location or screening of the solar collector would decrease the efficiency or performance of the solar collector by more than 10 percent of the amount that was originally specified for the solar collector. Makes conforming changes. Eliminates subsection (d), which explicitly permits a deed restriction, covenant, or agreement that runs with the land that would prohibit the location of solar collectors visible by a person on the ground on or within specified areas of common or public access faced by the structure.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.