Bill Text: NJ S2029 | 2016-2017 | Regular Session | Introduced
Bill Title: Concerns installation and maintenance of solar panels in common interest communities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-04-18 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S2029 Detail]
Download: New_Jersey-2016-S2029-Introduced.html
Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Concerns installation and maintenance of solar panels in common interest communities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the installation and maintenance of solar panels in common interest communities and amending P.L.2007, c.153.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2007, c.153 (C.45:22A-48.2) is amended to read as follows:
1. a. An association formed for the management of commonly-owned elements and facilities, regardless of whether organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A-43), shall not adopt or enforce a restriction, covenant, bylaw, rule or regulation prohibiting the installation of solar collectors on certain roofs of dwelling units, as follows:
A roof of a single-family dwelling unit which is solely owned by an individual or individuals[, and which is not designated as a common element or common property in the governing documents of an association]; and
A roof of a townhouse dwelling unit, which for the purposes of this subsection means any single-family dwelling unit constructed with attached walls to another such unit on at least one side, which unit extends from the foundation to the roof, and has at least two sides which are unattached to any other building[, and the repair of the roof for the townhouse dwelling unit is designated as the responsibility of the owner and not the association in the governing documents].
b. An association may adopt rules to regulate the installation and maintenance of solar collectors on those roofs as specified in subsection a. of this section, in accordance with subsection c. of this section, and as follows:
(1) The qualifications, certification and insurance requirements of personnel or contractors who may install the solar collectors;
(2) The location where solar collectors may be placed on roofs;
(3) The concealment of solar collectors' supportive structures, fixtures and piping;
(4) The color harmonization of solar collectors with the colors of structures or landscaping in the development; and
(5) The aggregate size or coverage or total number of solar collectors, provided that the provisions of paragraph (2) of subsection c. below are met.
c. (1) An association
shall not adopt and shall not enforce any rule related to the installation or
maintenance of solar collectors, if compliance with a rule or rules would
increase the solar collectors' installation or maintenance costs by an amount
which is estimated
to be greater than 10 percent of the total cost of the initial installation of
the solar collectors, including the costs of labor and equipment.
(2) An association shall not adopt and shall not enforce any rule related to the installation or maintenance of solar collectors, if compliance with such rules inhibits the solar collectors from functioning at their intended maximum efficiency.
d. The Commissioner of Community Affairs shall enforce the provisions of P.L.2007, c.153 (C.45:22A-48.2) in accordance with the authority granted under section 18 of P.L.1977, c.419 (C.45:22A-38).
e. The provisions of P.L.2007, c.153 (C.45:22A-48.2) shall not apply to associations that are under the control of the developer as provided under section 5 of P.L.1993, c.30 (C.45:22A-47).
(cf: P.L.2007, c.153, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill revises current law concerning the installation of solar collectors in common interest communities.
Under current law, a homeowners' association cannot adopt or enforce a restriction, covenant, bylaw, rule, or regulation prohibiting the installation of solar collectors on roofs of two types of housing: 1) a roof of a single-family dwelling solely owned by an individual which is not designated as a common element or common property in the governing documents of the association; and 2) a roof of a townhouse dwelling unit, where the repair of the roof is designated as the responsibility of the owner and not the homeowners' association in the governing documents.
This bill makes clear that homeowners' associations in common interest communities cannot adopt or enforce a restriction, covenant, bylaw, rule or regulation prohibiting the installation of solar collectors on the roof of any single family home or any townhouse located within such a community.
