Bernalillo County HOAs cannot effectively prohibit solar. The NM Solar Rights Act (NMSA §47-3-4 through -10) declares solar access a property right and voids any covenant that prevents installation. HOAs may impose only reasonable aesthetic review.
New Mexico is one of the strongest solar-access states in the nation. The Solar Rights Act (NMSA §47-3-4 et seq., 1977) expressly voids any HOA covenant, condition, restriction, or deed provision that 'effectively prohibits or restricts' the installation or use of a solar collector. The Solar Recordation Act (NMSA §47-3-9) allows homeowners to record a solar right protecting their panels from neighbor shading. Under the 2024-amended NMSA §47-3-6.1, HOAs cannot: ban rooftop solar, require screening that reduces output more than 10%, impose fees beyond actual review costs, or prohibit ground-mount in yards where unreasonable. HOAs MAY: require architectural committee review (must respond within 45 days or approval is automatic), set aesthetic guidelines for conduit color and panel alignment, and prohibit placement on the front elevation ONLY if rear/side achieves equivalent output. Homeowners prevailing in a Solar Rights Act suit recover attorney fees (§47-3-8).
HOA wrongly denying solar: homeowner may sue under §47-3-8 and recover legal fees. HOA CC&R provision banning solar: unenforceable, void on face. HOA assessing fines for state-protected solar: refundable with damages.
Bernalillo County, NM
Bernalillo County Animal Care Ordinance (Chapter 6, §6-47) — unlawful to allow an animal to persistently or continuously bark, howl, or make noise common to ...
Bernalillo County, NM
Construction noise in unincorporated Bernalillo County is regulated under the county noise ordinance (Chapter 30, Art. IV) and general nuisance provisions. B...
Bernalillo County, NM
Bernalillo County has no leaf blower-specific ban. Gas-powered blowers are widely used in unincorporated areas. General noise and air quality rules apply, wi...
Bernalillo County, NM
Bernalillo County Code Chapter 30, Article IV (Noise) establishes noise regulations for unincorporated areas. State law NMSA §30-20-1 also applies — disturbi...
Bernalillo County, NM
Commercial vehicle parking in unincorporated Bernalillo County regulated by zoning code. Off-street loading/unloading requirements in Section 21 of Appendix ...
Bernalillo County, NM
Bernalillo County Code §30 and Albuquerque §8-5-2-6 define abandoned vehicles as those left on public right-of-way for 72+ hours or inoperable vehicles store...
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