Bill Text: NY A08296 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 8296 (Prior Session Legislation)

Introduced

Bill Title: Prohibits homeowners associations or a board of managers from banning the installation of solar arrays and the installation of rooftop solar panels; provides the board of managers with approval over aesthetics of such solar panels.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to housing [A08296 Detail]

Download: New_York-2013-A08296-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8296
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   December 6, 2013
                                      ___________
       Introduced  by M. of A. GALEF -- read once and referred to the Committee
         on Housing
       AN ACT to amend the real property law, in relation  to  providing  solar
         rights to homeowners
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 339-j of the real property law, as amended by chap-
    2  ter 437 of the laws of 1999, is amended to read as follows:
    3    S 339-j. Compliance with by-laws and rules and  regulations.  1.  Each
    4  unit  owner shall comply strictly with the by-laws and with rules, regu-
    5  lations, resolutions and decisions adopted pursuant thereto.  Failure to
    6  comply with any of the same shall be ground for  an  action  to  recover
    7  sums  due,  for damages or injunctive relief or both maintainable by the
    8  board of managers on behalf of the unit owners or, in a proper case,  by
    9  an  aggrieved  unit owner. In any case of flagrant or repeated violation
   10  by a unit owner, he OR SHE may be required by the board of  managers  to
   11  give sufficient surety or sureties for his OR HER future compliance with
   12  the  by-laws,  rules,  regulations,  resolutions and decisions. Notwith-
   13  standing the foregoing provisions of this section, no action or proceed-
   14  ing for any relief may be maintained due to the display of a flag of the
   15  United States measuring not more than four feet by six feet.
   16    2. NO BOARD OF MANAGERS SHALL BAN IN  THE  BY-LAWS,  ANY  SOLAR  PANEL
   17  ARRAYS,  THE  INSTALLATION  OF  ROOFTOP SOLAR PANELS OR THE CLEARING AND
   18  TRIMMING OF VEGETATION ON UNIT  OWNERS'  PROPERTIES  THAT  OBSCURE  SUCH
   19  SOLAR  PANEL ARRAYS OR ROOFTOP SOLAR PANELS; PROVIDED, HOWEVER, THAT THE
   20  BOARD OF MANAGERS SHALL BE CONSULTED REGARDING THE  AESTHETICS  OF  SUCH
   21  SOLAR PANEL ARRAYS AND ROOFTOP SOLAR PANELS.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11776-01-3