NY Real Property Law Β§335-b prohibits HOAs and condominium boards from banning solar installations. HOAs may impose reasonable aesthetic guidelines but cannot effectively prohibit solar. Applies to Monroe County HOAs in Pittsford, Fairport, Webster subdivisions.
NY Real Property Law Β§335-b (effective 2019) voids any HOA covenant that prohibits installation of solar energy systems on residential property. HOAs may impose reasonable restrictions that do not significantly decrease efficiency or increase cost more than 10%. The statute covers condominium, homeowner association, and cooperative boards. Rochester-area HOAs in planned developments (Pittsford's Cobblestone, Brighton's Twelve Corners, Webster lake communities) must process solar applications within 60 days or deemed approved. Architectural review must use objective criteria. Ground-mounted systems may face stricter HOA review than rooftop. CC&R solar bans predating 2019 are unenforceable.
HOA refusal to approve: homeowner may petition NY Supreme Court; attorney fees recoverable. HOA-imposed efficiency/cost increases >10%: voidable. HOA fines for non-compliance with reasonable aesthetic rules: enforceable.
Rochester, NY
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Rochester, NY
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Rochester, NY
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Rochester, NY
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Rochester, NY
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Rochester, NY
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