Homeowners associations and solar access in New Jersey
Homeowners association (HOA) typically establish rules for a neighborhood’s aesthetic and sometimes attempt to restrict your ability to go solar. Fortunately, New Jersey law prohibits HOAs from preventing you from going solar.
HOAs in New Jersey
New Jersey Statute § 45:22A-48.2 prevents HOAs from blocking their members’ solar installations. The statute applies to single-family dwellings, including townhomes where at least two sides are not connected to other dwellings, and where the house’s owner is responsible for roof maintenance. HOAs may impose restrictions on the system’s location, physical appearance, wiring, and contractor qualifications, as long as these restrictions do not increase the system’s cost by more than 10 percent of the original price or decrease the maximum capacity of the system. Click here to learn more about the New Jersey HOA law.
New Jersey Revised Statute § 46:3-24 et seq. gives residents the option to negotiate solar easements with their neighbors in order to guarantee their systems get adequate exposure to sunlight.