NY Real Property Law §335-b prohibits HOAs and condominium boards from banning solar installations. HOAs may impose reasonable aesthetic guidelines but cannot effectively prohibit solar. Applies to Monroe County HOAs in Pittsford, Fairport, Webster subdivisions.
NY Real Property Law §335-b (effective 2019) voids any HOA covenant that prohibits installation of solar energy systems on residential property. HOAs may impose reasonable restrictions that do not significantly decrease efficiency or increase cost more than 10%. The statute covers condominium, homeowner association, and cooperative boards. Rochester-area HOAs in planned developments (Pittsford's Cobblestone, Brighton's Twelve Corners, Webster lake communities) must process solar applications within 60 days or deemed approved. Architectural review must use objective criteria. Ground-mounted systems may face stricter HOA review than rooftop. CC&R solar bans predating 2019 are unenforceable.
HOA refusal to approve: homeowner may petition NY Supreme Court; attorney fees recoverable. HOA-imposed efficiency/cost increases >10%: voidable. HOA fines for non-compliance with reasonable aesthetic rules: enforceable.
Gates, NY
The Town of Gates regulates noise through its Code (eCode360 ID GA0050) and refers many quiet-hours questions to New York State Penal Law Section 240.20 (dis...
Monroe County, NY
City of Rochester prohibits on-street parking 2 AM to 6 AM year-round under Municipal Code §111-5 (alternate side not in effect; blanket overnight ban). Resi...
Monroe County, NY
Monroe County towns specify approved fence materials in zoning codes. Wood, vinyl, chain-link, and wrought iron standard. Barbed wire banned in residential z...
Monroe County, NY
NY State Uniform Code (Residential Code §R404) requires engineered design for retaining walls over 4 feet measured from bottom of footing. Monroe County muni...
Monroe County, NY
Monroe County does not have a separate countywide smoke-alarm ordinance; smoke-alarm requirements come from the New York State Uniform Fire Prevention and Bu...
Monroe County, NY
Monroe County is not designated a high wildfire hazard area. No defensible space requirements. NY DEC Part 215 brush burn ban (March 16 – May 14) is the prim...
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