HB 1239 — An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in general provisions relating to condominiums, further providing for definitions; in management of the condominium, further providing for powers of unit owners' association; in general provisions relating to planned communities, further providing for definitions; and, in management of planned communities, further providing for power of unit owners' association.

PRINTER'S NO.   1421

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1239
                                                  Session of
                                                    2025

     INTRODUCED BY HANBIDGE, HOHENSTEIN, HILL-EVANS, MADDEN, PIELLI,
        HOWARD, KAZEEM, SANCHEZ, GUENST, CERRATO, CEPEDA-FREYTIZ,
        MALAGARI, STEELE, OTTEN, SHUSTERMAN, GREEN AND CIRESI,
        APRIL 21, 2025

     REFERRED TO COMMITTEE ON ENERGY, APRIL 21, 2025


                                       AN ACT
 1   Amending Title 68 (Real and Personal Property) of the
 2      Pennsylvania Consolidated Statutes, in general provisions
 3      relating to condominiums, further providing for definitions;
 4      in management of the condominium, further providing for
 5      powers of unit owners' association; in general provisions
 6      relating to planned communities, further providing for
 7      definitions; and, in management of planned communities,
 8      further providing for power of unit owners' association.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Section 3103 of Title 68 of the Pennsylvania
12   Consolidated Statutes is amended by adding definitions to read:
13   § 3103.    Definitions.
14      The following words and phrases when used in this subpart and
15   in the declaration and bylaws shall have the meanings given to
16   them in this section unless specifically provided otherwise or
17   unless the context clearly indicates otherwise:
18      * * *
19      "Detached roof."       A roof of a unit that is solely owned by an
20   individual and is not designated as part of the common elements
 1   in the governing documents of the association.
 2      * * *
 3      "Solar energy system."     Any of the following that have the
 4   primary purpose of providing for the collection, storage and
 5   distribution of solar or radiant energy received from the sun:
 6             (1)   A solar collection panel, film, shingle or other
 7      solar energy device.
 8             (2)   A solar structural component fixed in an operating
 9      position.
10      * * *
11      Section 2.     Section 3302 of Title 68 is amended by adding a
12   subsection to read:
13   § 3302.    Powers of unit owners' association.
14      * * *
15      (c)    Solar energy systems.--Notwithstanding subsection (a),
16   the association may not prohibit or restrict the installation or
17   use of a solar energy system on a detached roof. The association
18   may provide reasonable regulation of solar energy systems for
19   the following purposes:
20             (1)   To require that a solar energy system meets
21      applicable health and safety standards and requirements
22      imposed by State and local permitting authorities.
23             (2)   To require that, if used to heat water, a solar
24      energy system is certified by the Solar Rating and
25      Certification Corporation or other nationally recognized
26      certification agency. Certification must be for the solar
27      energy system itself and for the method of installation.
28             (3)   To require that, if used to produce electricity, a
29      solar energy system meets all applicable safety and
30      performance standards established by the National Electrical

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 1      Code, the Institute of Electrical and Electronics Engineers,
 2      accredited testing laboratories, such as Underwriters
 3      Laboratories, and applicable rules of agencies of the
 4      Commonwealth regarding safety and reliability.
 5             (4)   To require that a solar energy system frame, a
 6      support bracket or any visible piping or wiring be painted to
 7      coordinate with the roofing material.
 8             (5)   To require unit owners installing solar energy
 9      systems to indemnify or reimburse the association or its
10      member for loss or damage caused by the installation,
11      maintenance or use of the solar energy system.
12             (6)   To include other reasonable rules regarding the
13      placement of solar energy systems so as to maintain the
14      aesthetic qualities of the buildings and grounds of the
15      community.
16      Section 3.     Section 5103 of Title 68 is amended by adding
17   definitions to read:
18   § 5103.    Definitions.
19      The following words and phrases when used in this subpart and
20   in the declaration and bylaws shall have the meanings given to
21   them in this section unless specifically provided otherwise or
22   unless the context clearly indicates otherwise:
23      * * *
24      "Detached roof."       A roof of a unit that is solely owned by an
25   individual and is not designated as part of the common elements
26   in the governing documents of the association.
27      * * *
28      "Solar energy system."       Any of the following that have the
29   primary purpose of providing for the collection, storage and
30   distribution of solar or radiant energy received from the sun:

20250HB1239PN1421                      - 3 -
 1             (1)   A solar collection panel, film, shingle or other
 2      solar energy device.
 3             (2)   A solar structural component fixed in an operating
 4      position.
 5      * * *
 6      Section 4.     Section 5302 of Title 68 is amended by adding a
 7   subsection to read:
 8   § 5302.    Power of unit owners' association.
 9      * * *
10      (c)    Solar energy systems.--Notwithstanding subsection (a),
11   the association may not prohibit or restrict the installation or
12   use of a solar energy system on a detached roof. The association
13   may provide reasonable regulation of solar energy systems for
14   the following purposes:
15             (1)   To require that a solar energy system meets
16      applicable health and safety standards and requirements
17      imposed by State and local permitting authorities.
18             (2)   To require that, if used to heat water, a solar
19      energy system is certified by the Solar Rating and
20      Certification Corporation or other nationally recognized
21      certification agency. Certification must be for the solar
22      energy system itself and for the method of installation.
23             (3)   To require that, if used to produce electricity, a
24      solar energy system meets all applicable safety and
25      performance standards established by the National Electrical
26      Code, the Institute of Electrical and Electronics Engineers,
27      accredited testing laboratories, such as Underwriters
28      Laboratories, and applicable rules of agencies of the
29      Commonwealth regarding safety and reliability.
30             (4)   To require that a solar energy system frame, a

20250HB1239PN1421                     - 4 -
 1    support bracket or any visible piping or wiring be painted to
 2    coordinate with the roofing material.
 3        (5)   To require unit owners installing solar energy
 4    systems to indemnify or reimburse the association or its
 5    member for loss or damage caused by the installation,
 6    maintenance or use of the solar energy system.
 7        (6)   To include other reasonable rules regarding the
 8    placement of solar energy systems so as to maintain the
 9    aesthetic qualities of the buildings and grounds of the
10    community.
11    Section 5.    This act shall take effect in 60 days.




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