NY Real Property Law §335-b limits HOA restrictions on solar panels in Orange County NY. HOAs may not prohibit solar but may impose reasonable aesthetic rules such as orientation or color matching. NY has no explicit solar access easement statute; tree-shading disputes between neighbors are handled under common law nuisance and easement doctrine.
NY RPL §335-b (solar) and §335-c (clotheslines) protect certain sustainable installations from unreasonable HOA restrictions. The law requires that HOA rules on solar be 'reasonable,' meaning they cannot increase system cost by more than ~10% or decrease output by more than ~10%. HOAs may still regulate location (roof vs. ground), color, and non-visible screening. Unlike California or Florida, NY does not grant automatic solar access easements — homeowners concerned about future tree shading must negotiate recorded easements with neighbors. Orange County homeowners facing HOA denials can seek declaratory judgment in NY Supreme Court. Note: §335-b exemptions do not override local zoning; town-level setbacks and height limits still apply.
HOA unreasonable denial: homeowner may sue for declaratory and injunctive relief plus attorney's fees in some cases. HOA enforcement actions against compliant solar: may be voided under §335-b.
Orange County, NY
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Newburgh, NY
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Orange County, NY
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Orange County, NY
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Orange County, NY
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Orange County, NY
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