NY does not have a comprehensive solar-access law. HOAs in Oneida County may restrict solar placement subject to a reasonable-restriction standard. NY Real Property Law 335-b provides limited protections for recorded solar easements only.
Unlike California or Florida, New York does not preempt HOA solar restrictions. Relevant protections are limited: NY Real Property Law 335-b permits voluntary solar easements that must be recorded; NY Public Service Law 66-j supports net metering interconnection. NY General Obligations Law 5-335-a (proposed) has not yet passed. HOA boards in Oneida County condo and PUD developments may require aesthetic review of panel placement, color of racking, and screening of ground-mount systems, but cannot arbitrarily ban solar where it would defeat the Solar Access Act's intent. Courts apply the business judgment rule under Levandusky v. One Fifth Ave Apt Corp (1990). Reasonable restrictions upheld include rear-roof-only placement and requirement to match trim color. Outright bans in newer declarations have been found unenforceable on public-policy grounds in trial-level cases.
Unenforceable HOA bans: court may void restriction and award attorney fees to homeowner. HOA enforcement attempt may be challenged in Oneida County Supreme Court; filing fee $210.
Oneida County, NY
NY Vehicle & Traffic Law §375(31) prohibits excessive vehicle noise statewide, including modified exhausts and muffler cutouts. Oneida County Sheriff, Utica ...
Oneida County, NY
NY Agriculture & Markets Law Art. 7 authorizes Oneida County municipalities to enact dog-nuisance ordinances. Utica Code Ch. 2-6 treats 15+ minutes of contin...
Oneida County, NY
Abandoned vehicles on Oneida County public roads are removable after 96 hours per NY V&T Law 1224. Unregistered or inoperable vehicles on private property ar...
Oneida County, NY
No countywide overnight parking ban. Winter parking bans active during snow emergencies (typically 2 AM to 6 AM or declared emergencies). Utica and Rome have...
Oneida County, NY
EV charging follows NY State Energy Conservation Construction Code. New commercial construction requires EV-ready infrastructure per 2020 ECCCNYS. NYSERDA Ch...
Oneida County, NY
NY Uniform Code (19 NYCRR 1228 / Residential Code Appendix G) requires a 48 inch minimum barrier around all residential pools in Oneida County, with self-clo...
See how Oneida County's hoa restrictions rules stack up against other locations.
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