New Jersey Limits on HOA Power: Solar, Flags, and Signs

Solar: N.J.S.A. 45:22A-48.2 says an association "shall not adopt or enforce a restriction, covenant, bylaw, rule or regulation prohibiting the installation of solar collectors" on owner-owned single-family roofs (and owner-maintained townhouse roofs). It may still regulate location, color harmonization, concealment of piping, and aggregate size, but "shall not" enforce any rule that inhibits the collectors "from functioning at their intended maximum efficiency" or raises cost more than 10%. Flags: N.J.S.A. 45:22A-48.1 voids any rule "limiting or prohibiting the display of the flag of the United States" or yellow ribbons and troop-support signs. Political signs have no specific statute, but New Jersey courts (Mazdabrook, Dublirer) have struck near-total sign bans as violating the state constitution's free-speech clause.

A solar or flag rule violating these statutes is void; the flag statute makes such a rule "null and void." The Commissioner of Community Affairs enforces the solar provision (N.J.S.A. 45:22A-48.2). Political-sign bans risk reversal under the NJ Constitution.