New Jersey law (N.J.S.A. 45:22A-48.2) protects homeowners' rights to install solar energy systems. HOAs and condo associations cannot unreasonably restrict solar installations. Restrictions that significantly increase cost or decrease efficiency are unenforceable. Given Newark's dense urban housing stock with many multi-family buildings, solar installations may require coordination with building management but cannot be effectively banned.
Most states have enacted solar access or solar rights laws that limit HOA restrictions on solar panel installations. These laws typically prevent HOAs from banning rooftop solar systems outright or imposing conditions that significantly increase cost or decrease efficiency. HOAs may have reasonable aesthetic guidelines such as preferred placement, color matching, and screening from street view, but cannot effectively prohibit installation. Approval processes must be completed within a set timeframe, typically 30 to 60 days. Architectural review committees must use objective criteria. Ground-mounted systems may face more HOA restrictions than roof-mounted panels. Battery storage systems may have separate HOA guidelines. CC&R provisions that contradict state solar access laws are generally unenforceable.
HOA fines for non-compliance with aesthetic guidelines: varies by CC&Rs. Installing without HOA approval where required: typically $50 to $200 fines until resolved. HOA illegally blocking solar: homeowner may recover legal costs.
Newark, NJ
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See how Newark's hoa restrictions rules stack up against other locations.
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