New York Voids Unreasonable HOA Solar Restrictions

Section 342 declares void as contrary to public policy any HOA rule or covenant that effectively prohibits or unreasonably limits installation or use of a solar power system, defined as rooftop photovoltaic with rated capacity up to 25 kilowatts. Limits that keep the system from functioning at maximum efficiency or raise installation or maintenance costs by more than ten percent of the initial installation cost are deemed unreasonable. HOAs may adopt reasonable placement and screening conditions and may still restrict systems on commonly owned property. The provision applies uniformly across New York and overrides contrary HOA bylaws.

HOAs that block compliant installations face civil suits, injunctive relief compelling approval, and damages for delays, with offending covenants declared unenforceable and void by courts.