New Jersey limits homeowner association rules that would prohibit or unreasonably restrict the installation of solar collectors on owner-occupied units.
Under N.J.S.A. 45:22A-48.2, planned real estate developments cannot adopt or enforce restrictions that prohibit the installation of solar collectors on the rooftop of any residential dwelling unit owned by the association member. Associations may adopt reasonable aesthetic rules but cannot impose conditions that significantly impair performance or increase cost. The statute applies uniformly to associations governed by the Planned Real Estate Development Full Disclosure Act, regardless of municipality.
Unenforceable HOA solar bans expose associations to declaratory and injunctive relief; owners may seek attorney's fees in successful enforcement actions.
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