2026-09-10 · Kansas · Legislation · Did not pass

In 2026 the Kansas House produced a solar bill that fixed almost every objection the industry had raised to the Senate version. It died without a single hearing. House Bill 2669 was introduced by the House Committee on Local Government at the request of Representative Osman, and never advanced.¹

Its drafting is worth reading closely, because it is the most carefully constructed statement anyone has put in front of the Kansas Legislature about how a solar-access rule would fit inside existing community association law.

What it would have done

New Section 1(a): “No deed, restrictive covenant, bylaw, rule or declaration of an association shall limit or prohibit, or have the effect of limiting or prohibiting, the installation of a solar energy conversion system upon the rooftop of any unit owned by a unit owner.”²

Subsection (b) preserved rulemaking but bounded it. An association “may adopt reasonable rules regarding the placement of a solar energy conversion system on the rooftop of a unit, but such provisions shall not: (1) Prevent the installation of a system; (2) impair the functioning of a system; (3) restrict the use of the system; or (4) adversely affect the cost or efficiency of the system.”

The two subsections that made it different

Subsection (c) is the carve-out that condominium and townhouse associations had asked for: “The provisions of this section shall not apply to the common elements or limited common elements of a common interest community.” A roof that is a common element — which describes most stacked-flat and attached-housing regimes in Kansas — would have been outside the bill entirely.

Subsection (d) settled where the rule would live: “This section shall be a part of and supplemental to the Kansas uniform common interest owners bill of rights act.” That placement carries consequences the bill never had to spell out. KUCIOBORA reaches only common interest communities of twelve or more residential units, and K.S.A. 58-4603 makes its provisions mandatory notwithstanding contrary declaration or bylaw language.

1. HB 2669 bill history, Kansas State Legislature ↩
2. House Bill No. 2669, as introduced — full text ↩
3. K.S.A. 58-4621, Enforcement of rights — Kansas Office of Revisor of Statutes ↩