Showing ordinances that apply to Holiday City-Berkeley, NJ
Holiday City-Berkeley is an unincorporated community (population 12,943) in Ocean County, New Jersey. Because Holiday City-Berkeley is not an incorporated city, it does not have its own municipal code. Instead, Ocean County ordinances apply directly to properties here. The hoa restrictions rules below are the ones that govern your area.
NJ Solar Rights Act (N.J.S.A. 45:22A-48.2) bars Ocean County HOAs from banning rooftop solar on individually-owned single-family homes. Reasonable aesthetic rules allowed but cannot materially reduce efficiency or inflate cost.
Ocean County has dozens of HOA-governed communities, particularly 55+ developments (Holiday City, Crestwood Village, Leisure Village, Silver Ridge Park, Greenbriar Woodlands, Four Seasons) and newer subdivisions in Jackson, Barnegat, and Little Egg Harbor. New Jersey's Solar Rights Act (N.J.S.A. 45:22A-48.2) provides strong protection: HOAs cannot adopt or enforce restrictions prohibiting solar collectors on the roof of a single-family dwelling solely owned by an individual. HOAs may still impose reasonable placement, color, and visibility rules, but such rules cannot result in more than a 10% increase in installation cost or more than a 10% decrease in efficiency compared to the homeowner's preferred design. Architectural review committees must act within a reasonable time (commonly 60 days under governing documents) or the application is deemed approved. This protection applies to single-family homes whose roofs are individually owned — condominium townhouse roofs designated as common elements are not covered. Battery storage and EV chargers have separate protections (recent NJ legislation).
HOA improperly blocking solar: homeowner may sue under N.J.S.A. 45:22A-48.2. Remedies include injunctive relief and attorneys' fees. HOA fines attempting to enforce illegal restrictions: unenforceable.
See how Holiday City-Berkeley's hoa restrictions rules stack up against other locations.
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