Keep HB 65 From Returning to the House Housing and Community Affairs Committee at the Delaware House of Representatives!
THE LEGISLATION: HB 65 — AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SOLAR PHOTOVOLTAIC SYSTEMS AND RESTRICTIVE COVENANTS.
We need to make sure the voice of Delaware REALTORS® is heard LOUD and CLEAR on this legislation!
THE BACKGROUND: HB 65 would enable the use of roof or ground-mounted solar systems on privately owned residential homes by making deed restrictions that effectively prohibit or arbitrarily restrict the installation of solar systems in Delaware void and unenforceable, regardless of the date recorded. DAR is strongly opposed to HB 65 for the following reasons:
- The government should not interfere with the right of property owners to privately regulate the use of their properties. Homeowner associations are encouraged to consider voluntarily amending their deed restrictions to permit alternative energy sources as their community deems appropriate.
- An expedited procedure already exists in Chancery Court for homeowners to resolve disputes about deed restrictions.
- A mechanism also exists to lift solar restrictions in a community with a two-thirds vote of community members.