New York has NO comprehensive statutory HOA solar preemption like California or Florida. NY RPL §335-a protects solar easements but does not prohibit HOA aesthetic rules. Albany County HOAs (Loudonville, Delmar, Guilderland) can impose reasonable restrictions.
Unlike many states, New York does not have a broad solar rights statute preempting HOA restrictions on rooftop solar. NY Real Property Law §335-a allows solar easements but does not override private CC&Rs. As a result, Albany County HOAs — common in Loudonville, Delmar, Slingerlands, and parts of Guilderland — can impose aesthetic rules including preferred placement, frame color, and visibility from street. However, HOA rules must be reasonable and not effectively ban solar. Architectural review must follow the timelines and procedures set in the CC&Rs. NY Business Corporation Law Article 7 and Not-For-Profit Corporation Law Article 7 govern HOA board actions — decisions must not be arbitrary. Business judgment rule (Levandusky v. One Fifth Avenue) protects reasonable HOA decisions. Battery storage (Tesla Powerwall, Enphase) may face separate HOA review. Ground-mounted systems typically face more restrictions than roof systems. Legislative proposals to adopt California-style solar preemption have been introduced in NY but not passed as of 2026.
HOA fines for non-compliance with CC&Rs: typically $25 to $500 per violation per month. Installation without HOA approval: injunction and removal orders possible. Arbitrary HOA denial: homeowner may sue under Levandusky standard.
Albany County, NY
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See how Albany County's hoa restrictions rules stack up against other locations.
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