Freehold, NJ Solar Energy: HOA Restrictions (2026)

New Jersey's HOA landscape is governed by the Planned Real Estate Development Full Disclosure Act (N.J.S.A. 45:22A-21 et seq.) and the Radburn Act (N.J.S.A. 45:22A-43 et seq., amended 2017). These laws, combined with evolving state solar access principles, significantly limit HOA ability to restrict solar panels. HOAs in Monmouth County (including Leisure Village West in Manchester, Covered Bridge in Manalapan, Greenbriar in Manalapan, Four Seasons at South Knoll in Manalapan, Wayside in Ocean Township, and age-restricted communities throughout the county) must treat solar panel applications under objective criteria with approval typically required within 30 to 60 days. CC&Rs cannot: (1) prohibit rooftop solar entirely; (2) require specific panel models that materially increase cost; (3) require specific placement that reduces system efficiency by more than 10 percent; (4) impose approval fees exceeding actual review costs. HOAs MAY: require screening from street view where feasible; mandate panel color matching roof (black-on-black common); require installer bonding/insurance; require engineer-stamped drawings; limit ground-mounted systems more strictly than roof-mounted. Battery storage systems (Tesla Powerwall, etc.) may have separate HOA guidelines addressing fire safety, garage placement, and aesthetics. Ground-mounted systems face more HOA scrutiny and zoning setback requirements under each municipality's zoning code. Disputes can be brought before the Department of Community Affairs Division of Codes and Standards or NJ Superior Court. HOAs violating solar access face liability for homeowner legal fees and potential injunctive relief.