New Mexico Solar Rights Override of HOA Restrictions

NMSA 47-3-4 voids any covenant, restriction, or condition in deeds, contracts, or HOA declarations effective after July 1, 1978 that effectively prohibits installing or using a solar collector. The 2011 New Mexico Attorney General Opinion 11-02 clarified that HOAs may regulate solar installations only if regulations do not effectively prohibit installation or use. Pre-approval requirements that make installation prohibitively difficult or costly are void as a matter of law. Permitted HOA conditions include placement, screening, and aesthetic guidelines that do not significantly reduce performance or increase cost. Homeowners challenging an HOA denial may file declaratory judgment actions and recover attorney fees in some circumstances.

HOAs enforcing prohibitive solar restrictions face void enforcement, declaratory relief, injunctions, and potential damages claims by affected homeowners under NMSA 47-3.