HOA Solar Energy Bill In Georgia May Spell Changes For New Associations

Legislators have introduced a new HOA solar energy bill in Georgia, which could bring about changes for new communities.

Behind the Curve on Solar Energy

Solar energy has long been a topic of discussion among legislators, particularly when it comes to protecting homeowners’ solar rights in HOA communities. But despite advocates calling for changes, Georgia remains behind the curve.

Several states already have laws designed to prohibit homeowners associations from banning solar energy devices, including solar panels. These include California, Arizona, and Florida. Thanks to a newly introduced bill, though, Georgia may soon be among these states.

HOA Solar Energy Bill in Georgia

House Bill 355 seeks to amend Article 6 of Chapter 3 and Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated. These, respectively, relate to homeowners associations and their covenants. The bill aims to stop homeowners associations from creating or enforcing covenants prohibiting owners from using solar energy.

As of writing, House Bill 355 has been withdrawn but recommitted for consideration.

Rep. Kasey Carpenter, who sponsors the bill, is adamant about his intention to continue promoting the bill. Carpenter is even open to the idea of rewriting the bill so that it only affects new homeowners associations. That means only HOAs created after the law takes effect will be prohibited from banning solar energy.

Carpenter explains that he is not trying to attack or ruin HOA communities. He only seeks to protect the right of homeowners to use whatever energy source they see fit. He also pointed out that several states already have laws fulfilling this objective.

Rep. Steve Tarvin, Rep. Dale Washburn, Rep. Joseph Gullett, and Rep. Josh Bonner are co-sponsors of the bill.

Solar Companies Having Trouble

Advocates of solar energy undoubtedly feel thrilled about the possibility of Georgia changing its ways. It is no secret that solar companies have been encountering issues when it comes to dealing with HOAs. Many associations exercise much control over what homeowners can and can’t do with their homes, including installing solar panels. And, despite the best efforts of these companies to assist owners with the application process, many deals end up falling through.

It is too soon to make conclusions. But, for now, there is hope for solar enthusiasts in Georgia.