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Rep. Leonora Dodge introduces H127 to address deed restrictions that bar renewable energy devices
Summary
Representative Leonora Dodge introduced H127 to clarify the status of deed restrictions and covenants that prohibit installation of renewable energy devices such as solar panels. Sponsor cited existing statute in Title 27 that protects renewable energy devices and noted potential liability for homeowner associations that deny installations.
Representative Leonora Dodge introduced H127, an act addressing deed restrictions and renewable energy devices, after a constituent in an HOA encountered covenants barring solar panels.
Dodge described a situation in which an Essex Junction homeowner found an HOA covenant that prohibited solar collectors. She said Title 27, chapter 5 (conveyance of real estate) already contains language prohibiting deed restrictions that ban solar collectors, clotheslines or other devices that use renewable resources. Dodge said subsection (b) provides for costs and reasonable attorneys' fees for a prevailing party in litigation under the section, creating a liability risk for HOAs that deny installations.
Committee members and attendees discussed how statutory language operates in practice and whether the statute expressly voids contrary covenants or merely provides a remedy through litigation and fee shifting. A committee member observed that many historical covenants (including discriminatory covenants) have been nullified by statute and that well‑crafted legislation can void problematic covenant language without requiring every HOA to amend individual covenants.
No formal committee action or vote occurred during the introduction. Dodge said the committee would need to review the statutory text in detail and consult with legal counsel to determine whether additional clarifying language is required in statute to ensure deed restrictions cannot block renewable energy devices.
