Showing ordinances that apply to Sandia Heights, NM
Sandia Heights is an unincorporated community (population 3,273) in Bernalillo County, New Mexico. Because Sandia Heights is not an incorporated city, it does not have its own municipal code. Instead, Bernalillo County ordinances apply directly to properties here. The hoa restrictions rules below are the ones that govern your area.
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.
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