PRINTER'S NO. 1421
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.1239
Session of
2025
INTRODUCED BY HANBIDGE, HOHENSTEIN, HILL-EVANS, MADDEN, PIELLI,
HOWARD, KAZEEM, SANCHEZ, GUENST, CERRATO, CEPEDA-FREYTIZ,
MALAGARI, STEELE, OTTEN, SHUSTERMAN, GREEN AND CIRESI,
APRIL 21, 2025
REFERRED TO COMMITTEE ON ENERGY, APRIL 21, 2025
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in general provisions
relating to condominiums, further providing for definitions;
in management of the condominium, further providing for
powers of unit owners' association; in general provisions
relating to planned communities, further providing for
definitions; and, in management of planned communities,
further providing for power of unit owners' association.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3103 of Title 68 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 3103. Definitions.
The following words and phrases when used in this subpart and
in the declaration and bylaws shall have the meanings given to
them in this section unless specifically provided otherwise or
unless the context clearly indicates otherwise:
* * *
"Detached roof." A roof of a unit that is solely owned by an
individual and is not designated as part of the common elements
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20 in the governing documents of the association.
* * *
"Solar energy system." Any of the following that have the
primary purpose of providing for the collection, storage and
distribution of solar or radiant energy received from the sun :
(1) A solar collection panel, film, shingle or other
solar energy device.
(2) A solar structural component fixed in an operating
position.
* * *
Section 2. Section 3302 of Title 68 is amended by adding a
subsection to read:
§ 3302. Powers of unit owners' association.
* * *
(c) Solar energy systems.--Notwithstanding subsection (a),
the association may not prohibit or restrict the installation or
use of a solar energy system on a detached roof . The association
may provide reasonable regulation of solar energy systems for
the following purposes:
(1) To require that a solar energy system meets
applicable health and safety standards and requirements
imposed by State and local permitting authorities.
(2) To require that, if used to heat water, a solar
energy system is certified by the Solar Rating and
Certification Corporation or other nationally recognized
certification agency. Certification must be for the solar
energy system itself and for the method of installation.
(3) To require that, if used to produce electricity, a
solar energy system meets all applicable safety and
performance standards established by the National Electrical
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30 Code, the Institute of Electrical and Electronics Engineers,
accredited testing laboratories, such as Underwriters
Laboratories, and applicable rules of agencies of the
Commonwealth regarding safety and reliability.
(4) To require that a solar energy system frame, a
support bracket or any visible piping or wiring be painted to
coordinate with the roofing material.
(5) To require unit owners installing solar energy
systems to indemnify or reimburse the association or its
member for loss or damage caused by the installation,
maintenance or use of the solar energy system.
(6) To include other reasonable rules regarding the
placement of solar energy systems so as to maintain the
aesthetic qualities of the buildings and grounds of the
community.
Section 3. Section 5103 of Title 68 is amended by adding
definitions to read:
§ 5103. Definitions.
The following words and phrases when used in this subpart and
in the declaration and bylaws shall have the meanings given to
them in this section unless specifically provided otherwise or
unless the context clearly indicates otherwise:
* * *
"Detached roof." A roof of a unit that is solely owned by an
individual and is not designated as part of the common elements
in the governing documents of the association.
* * *
"Solar energy system." Any of the following that have the
primary purpose of providing for the collection, storage and
distribution of solar or radiant energy received from the sun:
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30 (1) A solar collection panel, film, shingle or other
solar energy device.
(2) A solar structural component fixed in an operating
position.
* * *
Section 4. Section 5302 of Title 68 is amended by adding a
subsection to read:
§ 5302. Power of unit owners' association.
* * *
(c) Solar energy systems.--Notwithstanding subsection (a),
the association may not prohibit or restrict the installation or
use of a solar energy system on a detached roof. The association
may provide reasonable regulation of solar energy systems for
the following purposes:
(1) To require that a solar energy system meets
applicable health and safety standards and requirements
imposed by State and local permitting authorities.
(2) To require that, if used to heat water, a solar
energy system is certified by the Solar Rating and
Certification Corporation or other nationally recognized
certification agency. Certification must be for the solar
energy system itself and for the method of installation.
(3) To require that, if used to produce electricity, a
solar energy system meets all applicable safety and
performance standards established by the National Electrical
Code, the Institute of Electrical and Electronics Engineers,
accredited testing laboratories, such as Underwriters
Laboratories, and applicable rules of agencies of the
Commonwealth regarding safety and reliability.
(4) To require that a solar energy system frame, a
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30 support bracket or any visible piping or wiring be painted to
coordinate with the roofing material.
(5) To require unit owners installing solar energy
systems to indemnify or reimburse the association or its
member for loss or damage caused by the installation,
maintenance or use of the solar energy system.
(6) To include other reasonable rules regarding the
placement of solar energy systems so as to maintain the
aesthetic qualities of the buildings and grounds of the
community.
Section 5. This act shall take effect in 60 days.
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