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.
Hackensack, NJ
Hackensack City Code Chapter 112 (Noise), adopted by Ordinance No. 07-2018 on April 10, 2018, restricts construction noise audible off-property to 7:00 AM-6:...
Hackensack, NJ
Hackensack requires all swimming pools to be enclosed by a barrier at least 4 feet high with self-closing, self-latching gates. Requirements follow the New J...
Hackensack, NJ
Hackensack regulates retaining walls through building and zoning codes. Walls over 4 feet typically require engineered design and a building permit. Walls mu...
Hackensack, NJ
Hackensack permits common fence materials including wood, vinyl, ornamental metal, and chain link. Barbed wire and electrified fences are prohibited in resid...
Hackensack, NJ
Hackensack fences must be installed on the owner's property, not on the property line, unless neighbors have a written shared agreement. The finished side ty...
Hackensack, NJ
Hackensack requires a zoning permit and building permit for most new fences and replacements. Applications go through the Building Department, including a su...
See how Hackensack's hoa restrictions rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.