§ 40-3A. Renewable energy devices.


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  • (a) Definitions. In this Section, the following words have the meanings indicated:
    “Renewable energy” means the following energy sources or technology:
    (1) solar;
    (2) wind; and
    (3) geothermal.
    “Renewable energy device” means a device that:
    (1) creates, converts, or actively uses renewable energy; and
    (2) meets safety and performance standards set by a nationally recognized testing laboratory for that kind of device.
    “Owner of any building” includes a unit owner in a condominium, a lot owner in a homeowner’s association, and a shareholder in a cooperative housing corporation.
    (b) Prohibition. A person must not create or enforce any deed restriction, covenant, rule, or regulation, or take any other action, which would prohibit the owner of any building from installing a renewable energy device.
    (c) Applicability.
    (1) Except as provided in paragraph (2), this Section applies to all deed restrictions, covenants, rules, and regulations adopted before and after this Section became law.
    (2) This Section does not apply to a restriction imposed by:
    (i) a forest conservation easement; or
    (ii) a historic preservation requirement. (, § 1.)