New Jersey law bars a homeowners' association from prohibiting rooftop solar collectors on an Atlantic County owner's own roof. Under N.J.S.A. 45:22A-48.2, an association cannot ban panels on an individually owned single-family or owner-maintained townhouse roof.
The statute prevents any Atlantic County community association from adopting or enforcing a covenant, bylaw, or rule that prohibits solar collectors on a qualifying roof: the roof of a single-family home the owner solely owns and that is not a common element, or the roof of a townhouse the owner is responsible for maintaining. An association may still adopt reasonable rules on installation and maintenance, but it cannot forbid the panels outright. The protection does not reach shared or common-element roofs, such as stacked condominium buildings the association maintains, common in the shore towns.
An association that denies or fines a compliant installation on an owner's own qualifying roof is enforcing a void restriction. The owner can seek relief in court, and the association risks liability.
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