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Kansas committee hears SB 144 to limit HOA bans on rooftop solar; proponents cite selective enforcement, opponents cite contract limits
Summary
A Senate committee heard SB 144, which would invalidate HOA covenants that bar rooftop solar and require HOAs to adopt 'reasonable' rules. Supporters described selective enforcement and practical barriers to amending covenants; opponents warned of constitutional concerns and problems in maintenance-provided communities. No vote was taken.
A Senate committee held a hearing on SB 144, a bill to invalidate homeowners association (HOA) covenants that prohibit rooftop solar and to allow HOA boards to adopt "reasonable" rules governing installations.
Senator Holscher, the bill sponsor, told the committee the proposal grew out of constituent complaints in Johnson County and Senate District 8 about decades-old covenants that block homeowners from adding solar. "This bill is the result directly of constituent feedback," she said, adding the measure would not force HOAs to accept panels but would require associations to revisit antiquated rules and be able to adopt reasonable standards that comply with local ordinances.
Proponents described practical hurdles that make covenant changes difficult. Nicholas Simara, a Foxfield Village homeowner and long-time HOA board president, said his community's declaration—adopted by the developer 25 years…
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