Local Law Blogs

Prohibitions Against Solar Collectors May Be Prohibited in Your Community

By Mary W. Barrett

It is common knowledge that exterior modifications in a community association must be approved by the board of trustees.  Right?  Well, except for certain satellite dish antennas which, by federal law, can be installed on exclusive use areas without pre-approval (Over the Air Reception Devices, (OTARD), 47 C.F.R. Section 1.4000),  and United States flags and certain signs of troop support (such as yellow ribbons) all of which may be displayed as long as there is no threat to public safety, necessary maintenance activities can be performed and the property rights of others are not impaired (Planned Real Estate Development Full Disclosure Act (PREDFDA), N.J.S.A. 45:22A-48.1 This New Jersey law also states that flags can be prohibited if they are displayed in a manner inconsistent with the federal flag Code or other laws or guidelines. ).  There is another notable exception to that 'common knowledge': solar collectors.  Effective August 2007, New Jersey law prohibits a community association from adopting or enforcing any 'restriction, covenant, bylaw, rule or regulation prohibiting the installation of solar collectors on certain roofs of dwelling units' (PREDFDA, N.J.S.A. 45:22A-48.2).   The law only applies to the roofs of single family dwelling units which are not designated common elements and the roofs of certain types of townhouse units where repair is unit owner's responsibility.  Associations still under developer control are exempt from the law.
 

While an association may not prohibit the installation of solar collectors on such roofs, it may adopt rules to regulate their installation and maintenance.  However, an association is limited to the following installation rules: 

1. The qualifications, certification and insurance requirements of personnel or contractors who may install the solar collectors;
2. The location where solar collectors may be placed on roofs;
3. The concealment of solar collectors' supportive structures, fixtures and piping; and
4. The color harmonization of solar collectors with the colors of structures or landscaping in the development; and
5. The aggregate size or coverage or total number of solar collectors
    

Lest an association attempt to indirectly prevent solar collectors by strict rules, the law clearly prohibits rules in which the effectiveness of the solar collectors are significantly reduced or the cost of installing them is significantly increased.  An association may not adopt or enforce any rule which would 'increase the solar collectors' installation or maintenance costs by an amount which is estimated to be greater than 10 percent of the total cost of the initial installation of the solar collectors, including the costs of labor and equipment.'  Additionally, none of the rules regulating installation and maintenance of a solar collector on the roofs may inhibit the solar collectors from functioning at their 'intended maximum efficiency.' 
 

It is important to understand that not all unit owners may be entitled under this law to install solar collectors.  And, while the law does limit rules restricting installations where permitted, an association can and should implement policies for solar collector installation and maintenance. Consulting with the association's legal counsel is necessary to ensure that policies conform to the law.  No matter where you stand on solar collectors, having policies in place will help ensure that your community maintains consistent aesthetic standards.

Full post as published by New Jersey Law Blog on January 06, 2010 (boomark / email).