Ramapo College of New Jersey Solar Energy: HOA Restrictions Rules (2026)

The New Jersey Solar Rights Act (N.J.S.A. 45:5D-1 et seq., enacted 2007 and amended 2019) is among the strongest solar access laws nationally. It prohibits any 'covenant, restriction, stipulation, or condition' in an HOA declaration that prohibits or unreasonably restricts installation or use of a solar collector. HOAs may adopt reasonable aesthetic rules such as preferred placement (rear or side roof slopes when feasible), color matching of racking and conduit, and screening from street view, but cannot impose conditions that: (1) significantly increase installation cost (more than 10% or $1,000, whichever is greater, per industry interpretation), or (2) significantly decrease system efficiency (reduce energy output by more than 10%). Approval processes must be completed within 60 days under most HOA CC&Rs; silence after 60 days is typically deemed approval. In Bergen County, HOA-governed communities are concentrated in Alpine (Tammybrook, Alpine Country Club), Franklin Lakes (Bergen County Country Club, Franklin Lakes Golf), Upper Saddle River, Mahwah (Ramapo River Estates, Mahwah Mountain), and various condo associations in Hackensack, Fort Lee (Linwood Estates, Horizon House), and Englewood. Architectural review committees must use objective, published criteria and cannot impose ad hoc restrictions. Ground-mounted systems face more HOA restrictions than roof-mounted panels because they affect common views. Battery storage systems (Tesla Powerwall, LG, etc.) may be separately regulated by HOAs as they are not explicitly covered by N.J.S.A. 45:5D-1. CC&R provisions contradicting state solar law are generally unenforceable; homeowners can sue to enforce with attorney fees recoverable per N.J.S.A. 45:5D-2.