Oklahoma Senate Bill SB618

Oklahoma 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/7/23

Caption

Owners' associations; prohibiting deed restrictions or covenants that prohibit use of solar panels; authorizing certain rules regarding placement of solar panels. Effective date.

Impact

The passage of SB618 would represent a significant shift in state law, specifically regarding property rights and energy use. By invalidating any restrictive covenants that previously prevented the installation of solar panels, the bill would enhance homeowners' rights to utilize renewable energy. This change is expected to increase the adoption of solar energy solutions among residents, potentially contributing to broader state and national goals of energy sustainability and reduction of carbon footprints. Furthermore, it aims to protect individual property owners from restrictive regulations that do not align with modern energy practices.

Summary

Senate Bill 618 addresses the regulation of solar panels by owners' associations in Oklahoma. The bill prohibits any deed restrictions or covenants that would limit or prohibit the installation of solar panels or solar collectors on rooftops of properties governed by such associations. It defines key terms like 'solar panel' and clarifies the authority of owners' associations in adopting rules concerning the placement of solar panels, ensuring these rules do not impede their installation or function. The bill aims to encourage the use of solar energy by enhancing accessibility for property owners and promoting renewable energy within residential areas.

Contention

While SB618 has been framed as a progressive measure to facilitate the transition to renewable energy, it may encounter opposition from some homeowners’ associations that view the bill as an infringement on their governance rights. Debates may arise regarding the balance between community standards and individual property rights, particularly concerning aesthetics and property values in neighborhoods. Notably, how the legislation defines 'reasonable rules' for solar panel placement will be crucial in determining whether it successfully harmonizes the interests of property owners with those of community associations.