New Jersey's Solar Easement Act (NJSA 46:3-24) and Planned Real Estate Development Full Disclosure Act (NJSA 45:22A-48.2) limit homeowner association power to bar rooftop solar in Bergen County. Reasonable aesthetic conditions are allowed but outright bans are not.
Bergen County has many condominium and HOA communities, and New Jersey law restricts how associations can regulate solar panels. NJSA 45:22A-48.2 prohibits HOAs from forbidding solar collectors on rooftops or limited common elements assigned to a unit owner. Associations may impose reasonable installation, design, and placement standards but cannot effectively prohibit solar by significantly reducing efficiency or imposing costly conditions. NJSA 46:3-24 (the Solar Easement Act) allows owners to record solar easements with neighbors. HOA disputes are heard by the New Jersey DCA's Planned Real Estate Development office or in Superior Court. Federal law does not preempt these state rules in Bergen County.
An HOA enforcing an unlawful solar ban can be ordered to allow installation and may face damages, attorney fees, and DCA enforcement under NJSA 45:22A-43.
See how Bergenfield's hoa restrictions rules stack up against other locations.
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