New Jersey HOA Restrictions (2026)

Key Facts

Statute: N.J.S.A. 45:22A-48.2
Scope: PREDFDA-governed associations
Permitted limits: Reasonable aesthetics
Prohibited: Outright solar bans

Full Breakdown

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.

Violations & Penalties

Unenforceable HOA solar bans expose associations to declaratory and injunctive relief; owners may seek attorney's fees in successful enforcement actions.

Frequently Asked Questions

Can an HOA require panels to be invisible from the street?

Aesthetic conditions are permitted only if they do not significantly impair system performance or increase cost, under N.J.S.A. 45:22A-48.2.

Does the law apply to condos as well as single-family HOAs?

Yes, where the association is subject to the Planned Real Estate Development Full Disclosure Act and the unit owner controls the relevant rooftop area.

New Jersey HOA Solar Easement and Restriction Limits

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

See something wrong?