HOA Restrictions: Albuquerque vs Tijeras
How do hoa restrictions rules compare between Albuquerque, NM and Tijeras, NM?
Albuquerque and Tijeras have similar restriction levels.
Albuquerque, NM
Bernalillo County
New Mexico's Solar Rights Act (§47-3-1 et seq.) provides strong protections for solar energy system installations. The law restricts HOAs and local governments from imposing unreasonable limitations on solar panels. Albuquerque residents benefit from both state protections and the city's pro-solar policies in one of the sunniest metropolitan areas in the country.
View full Albuquerque rules →Tijeras, NM
Bernalillo County
Bernalillo County HOAs cannot effectively prohibit solar. The NM Solar Rights Act (NMSA §47-3-4 through -10) declares solar access a property right and voids any covenant that prevents installation. HOAs may impose only reasonable aesthetic review.
View full Tijeras rules →Key Facts Comparison
| Fact | Albuquerque | Tijeras |
|---|---|---|
| State Protection | NM Solar Rights Act §47-3-1 | - |
| Solar Right | Declared a property right | - |
| HOA Authority | Limited to reasonable aesthetic rules | - |
| Solar Easements | Available to protect sunlight access | - |
| Burden of Proof | On HOA to prove restriction is reasonable | - |
| State Law | - | NMSA §47-3-4 et seq. |
| HOA Review | - | 45 days max |
| Front Yard | - | May restrict if equiv. output |
| Ban CC&Rs | - | Void by statute |
| Attorney Fees | - | Awarded to prevailing homeowner |
Highlighted rows indicate differences between cities.
Albuquerque FAQ
Can my HOA block solar panel installation in Albuquerque?
Generally no. New Mexico's Solar Rights Act declares solar energy use a property right and prohibits unreasonable restrictions. HOAs may set reasonable aesthetic guidelines but cannot effectively prevent installation.
What is a solar easement?
A solar easement protects your access to sunlight by preventing neighboring properties from blocking your solar energy system. These can be voluntarily negotiated and recorded with the county.
Tijeras FAQ
My HOA wants me to hide panels behind a screen — can they?
Only if the screening doesn't reduce output more than 10%. Under NMSA §47-3-6.1, significant efficiency loss voids the restriction.
What if my HOA never responds to my application?
After 45 days with no decision, the application is deemed approved under NMSA §47-3-6.1.
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