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.
The NM Solar Rights Act declares that the right to use the natural resource of solar energy is a property right. HOA covenants may not unreasonably restrict solar installations. HOAs may impose reasonable aesthetic requirements such as panel placement or screening, but cannot effectively prevent solar installation. Solar easements can be created to protect access to sunlight. The Act also limits local government restrictions on solar energy systems. Albuquerque's Integrated Development Ordinance does not impose additional restrictions beyond standard building permit requirements. Disputes over HOA solar restrictions may be resolved through the courts, with the burden on the HOA to prove restrictions are reasonable.
HOA restrictions that effectively prohibit solar installations may be unenforceable under the Solar Rights Act. Homeowners can challenge unreasonable restrictions in court. The HOA bears the burden of proving any restriction is reasonable. There are no city penalties related to HOA solar disputes.
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