New Mexico Statewide Rule
New Mexico Solar Rights Override of HOA Restrictions
Key Facts
- Statute
- NMSA 47-3-4
- Local/covenant limit
- NMSA 3-18-32
- Effective cutoff
- July 1, 1978
- Standard
- Cannot effectively prohibit
Summary
Under NMSA 47-3-4, any covenant or restriction effective after July 1, 1978 that effectively prohibits installing or using a solar collector is void and unenforceable statewide, and NMSA 3-18-32 limits local and covenant restrictions. HOAs may impose reasonable conditions but cannot ban solar panels.
A covenant, restriction or condition contained in a deed, contract, security agreement or other instrument, effective after July 1, 1978, affecting the transfer, sale or use of, or an interest in, real property that effectively prohibits the installation or use of a solar collector is void and unenforceable.
Full Breakdown
NMSA 47-3-4 voids any covenant, restriction, or condition in a deed, contract, or HOA declaration effective after July 1, 1978 that effectively prohibits installing or using a solar collector; the Solar Rights Act also declares solar use a property right. A New Mexico Attorney General opinion has advised that associations may regulate solar installations only where the rules do not effectively prohibit installation or use. Pre-approval requirements that make installation prohibitively difficult or costly are void. Permitted conditions include placement, screening, and aesthetic guidelines that do not significantly reduce performance or increase cost. A homeowner facing an HOA denial may seek declaratory and injunctive relief.
Violations & Penalties
HOAs enforcing prohibitive solar restrictions face void enforcement, declaratory relief, injunctions, and potential damages claims by affected homeowners under NMSA 47-3.
Frequently Asked Questions
Can my HOA require approval before I install solar panels?
What if my HOA covenants predate 1978?
Sources
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