Articles

2019 Legislative Update for Delaware

Date: July 10, 2019
Delaware House Bill 65 passed the House on June 30, 2019 and the Senate on July 1, 2019.  HB 65 would amend Title 25 of the Delaware Code related to solar photovoltaic systems and restrictive covenants.  This Bill would make covenants or other restrictions that may have previously prohibited the installation of roof mounted solar photovoltaic systems in Delaware void and unenforceable, regardless of the date recorded.  The revised law would allow “reasonable restrictions” on solar and describes reasonable restrictions as those restrictions that “do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.”  This proposed new law also imposes a requirement upon property owners to provide notice of their intent to install a solar system to the homeowners association and neighboring property owners sixty (60) days before installation.  This proposed new law would also modify the acceptable methods of voting to amend a covenant, restriction or condition contained in a declaration.  The bill has not yet been signed by the Governor.  If signed by the Governor, the new law will take effect immediately.  A copy of the bill can be found at:

http://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentEngrossment?engrossmentId=23407&docTypeId=6

We will continue to monitor the implementation of this item of legislation, but please contact us should you have any questions about how this legislation might relate to your communities.