75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to A-Eng. HB 3090
 
LC 3127/HB 3090-A8
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3090
 
                      By COMMITTEE ON RULES
 
                             June 23
 
  On page 1 of the printed A-engrossed bill, line 2, after '
energy' insert a period and delete the rest of the line.
  Delete lines 4 through 26 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + }  { + Section 2 of this 2009 Act is added
to and made a part of ORS 94.550 to 94.783. + }
  '  { +  SECTION 2. + }  { + (1) As used in this section,
'renewable energy device' means:
  ' (a) A solar panel or other device for obtaining energy from
solar, wind or other renewable resources; or
  ' (b) A clothesline or other device that uses solar, wind or
other renewable energy resources to accomplish household tasks.
  ' (2) A provision of a declaration or the bylaws of a planned
community, or any other agreement limiting the rights of an
owner, may not prohibit the installation or use of a renewable
energy device on the owner's lot unless the provision or
agreement was in effect before the effective date of this 2009
Act.
  ' (3) This section does not:
  ' (a) Authorize an owner to install a renewable energy device
in or on common property or property maintained by the homeowners
association.
  ' (b) Prohibit inclusion in a declaration or the bylaws, or any
other agreement limiting the rights of an owner, of a provision
that establishes reasonable restrictions on size, appearance or
location of a renewable energy device without impairing effective
operation of the renewable energy device. + }
  '  { +  SECTION 3. + }  { + Section 4 of this 2009 Act is added
to and made a part of ORS chapter 100. + }
  '  { +  SECTION 4. + }  { + (1) As used in this section,
'renewable energy device' means:
  ' (a) A solar panel or other device for obtaining energy from
solar, wind or other renewable resources; or
  ' (b) A clothesline or other device that uses solar, wind or
other renewable energy resources to accomplish household tasks.
  ' (2) A provision of a declaration or the bylaws of a
condominium, or any other agreement limiting the rights of a unit
owner, may not prohibit the installation or use of a renewable
energy device in or on the unit owner's unit or in or on limited
common elements reserved exclusively for the use of the owner's
unit unless the provision or agreement was in effect before the
effective date of this 2009 Act.
  ' (3) This section does not:
  ' (a) Authorize a unit owner to install a renewable energy
device in or on limited common elements that are reserved for the
use of more than one unit or in or on general common elements.
  ' (b) Prohibit inclusion in a declaration or the bylaws, or any
other agreement limiting the rights of a unit owner, of a
provision that establishes reasonable restrictions on size,
appearance or location of a renewable energy device without
 
impairing effective operation of the renewable energy device. + }
' .
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