HB 5402

Amends the Homeowners' Energy Policy Statement Act. Provides that the Act applies to any building with a shared roof if (1) a solar energy system is located entirely within that portion of the shared roof owned and maintained by the property owner or (2) all property owners sharing the shared roof agree to install a solar energy system. Provides that the governing entity of a homeowners' association, common interest community association, or condominium unit owners' association may adopt for those buildings with a shared roof that are under its control and that are subject to the Act bylaws or other requirements that set standards regarding the installation, maintenance, and use of solar energy systems, including, but not limited to, regulations that require the governing entity to approve the vendor that will supply, install, or maintain the solar energy system and regulations that grant vendors exclusive rights to perform those functions. Provides that, when exercising powers over properties with shared roofs, a governing entity must act solely in the collective interest of the members of the association; must cooperate with property owners interested in installing, maintaining, or using a solar energy system on property under their ownership or control; and must not delay any request for a decision involving the installation, maintenance, or use of a solar energy system by an association member for more than 60 days. Provides that the failure of a governing entity to comply with these provisions renders voidable any bylaw or other requirement adopted by the governing authority pursuant to the provisions of the amendatory Act.