New York voids HOA bans on solar power and EV charging. Real Property Law § 342 (Solar Rights Act) makes any restriction effectively prohibiting a solar system unenforceable and void; RPL § 343 does the same for electric-vehicle charging stations. U.S.-flag display is protected by the federal Freedom to Display the American Flag Act.
RPL § 342 provides that an HOA "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," and that any such restriction "is unenforceable and shall be void as contrary to public policy." It covers rooftop photovoltaic up to 25 kW and deems a limitation "unreasonable" if it cuts efficiency or raises cost by more than ten percent of installation. RPL § 343 mirrors this for electric-vehicle charging stations. Both still let an HOA restrict installations on commonly owned property. New York has no statewide political-sign override; U.S.-flag display is instead protected by the federal Freedom to Display the American Flag Act of 2005.
An HOA rule that effectively bans rooftop solar or EV charging is void and unenforceable under RPL § 342 and § 343. A solar denial must give a written, detailed basis. Flag bans are unenforceable under federal law; political-sign disputes turn on the declaration.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Utica, NY
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