Relates to prohibiting homeowners' associations from restricting the installation or use of solar power systems

2 Co-sponsors

• Brad Hoylman-Sigal
• George Latimer

Title of bill

An act to amend the real property law, in relation to prohibiting homeowners' associations from restricting the installation or use of solar power systems

Purpose

The purpose of this legislation is to prohibit homeowners' associations from restricting the installation or use of solar power systems.

Summary of specific provisions

Section 1. The Real Property Law is amended by adding a new article 9-C, which carries the title SOLAR RIGHTS ACT. Section 342. Certain covenants, conditions, and restrictions of homeowners' associations prohibited.

1. Defines restriction on use and solar power system for purposes of this section.

2. A homeowners' association may not adopt or enforce any rules or regulations that would effectively prohibit, or impose unreasonable limitations on, the installation or use of a solar power system. A restriction on use which effectively prohibits the installation or use of a solar power system is unenforceable and shall be void as contrary to public policy. For the purposes of this subdivision, an unreasonable limitation includes, but not limited to, any restriction on use that: (a) inhibits the solar power system from functioning at its intended maximum efficiency; or (b) increases the solar power system's installation or maintenance costs by an amount which is estimated to be greater than 10% of the total cost of the initial installation of the solar power system, including the costs of labor and equipment.

3. Notwithstanding subdivision two of this section, a homeowners' association may adopt or enforce a restriction on use to prohibit the installation of a solar power system that is located on property owned or maintained by the association or is located property owned in common.

4. Denial by an association must include an exact description in writing as to why, and state examples of the associations concerns.

5. A solar power system must meet all requirements and safety standards.

6. A person claiming to be aggrieved by any violation of this section may bring a civil action in a court of competent jurisdiction.

Section 2. Establishes the effective date.

Justification

The New York State Governor and Legislature have embarked upon a multi-year, multi-pronged initiative to promote solar investment and use. To meet the goals, however, solar power opportunities must be expanded to those, who for a variety of reasons, have been prevented from installing solar systems, particularly solar arrays, on their homes. Most homeowner associations, for example, have not adapted their by-lays to provide homeowners with the option. States such as Arizona, California, Florida and Massachusetts have remedied the problem by enacting laws to prohibit homeowner associations from banning or curtailing the installation of solar arrays on one's roof.

Compounding the problem is the lack of consistency regarding homeowner association by-laws. There is no common standard governing the installation and most if not all homeowner associations reject such installation without citing reasons. Frequently, litigation results with dissimilar outcomes. This legislation would permit homeowners the right to install solar arrays in consultation with their homeowners' association. It would thus expand the use of solar power systems for homeowners, while granting a role in the decision-making process to the homeowner associations.

Prior legislative history

This is new legislation.

Fiscal implications

There are no fiscal implications associated with this legislation.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law.