NY Real Property Actions and Proceedings Law 335-b restricts HOA solar bans. HOAs may impose reasonable aesthetic rules but cannot prohibit rooftop solar on owner-owned property or impose requirements that reduce system output by more than 10%.
NY RPAPL 335-b (enacted in 2022 expansions) prohibits HOAs and condominium boards from banning rooftop solar installations on owner-controlled property. HOAs may impose reasonable aesthetic standards (panel color, mounting hardware visibility) but cannot require changes that increase installation cost by more than $1,000 or reduce energy production by more than 10% compared to the optimal design. Condominium boards retain authority over common elements (shared roofs in multi-unit buildings). HOA restrictions must be enforced uniformly; targeted denial is actionable.
HOA violations of RPAPL 335-b expose associations to attorneys fees and owner recovery of damages. NY AG may investigate discriminatory enforcement.
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