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Assembly Bill A8283A

2013-2014 Legislative Session

Authorizes the installation of solar energy systems on individual condominium units

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2013-A8283 - Details

Current Committee:
Assembly Housing
Law Section:
Real Property Law
Laws Affected:
Add §339-ll, amd §339-k, RP L
Versions Introduced in 2015-2016 Legislative Session:
A6081

2013-A8283 - Summary

Authorizes the installation of solar energy systems on individual condominium units.

2013-A8283 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8283

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            November 20, 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  solar  energy
  systems on condominium and cooperative apartment units

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property law is amended by adding  a  new  section
339-ll to read as follows:
  S  339-LL.  INSTALLATION  OF  SOLAR  ENERGY  SYSTEM ON INDIVIDUAL UNIT
ROOFS. 1. FOR THE PURPOSES OF THE INSTALLATION OF SOLAR ENERGY SYSTEM ON
INDIVIDUAL UNIT ROOFS, A ROOF SHALL NOT BE CONSIDERED A  COMMON  ELEMENT
PURSUANT  TO PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION THREE HUNDRED
THIRTY-NINE-E OF THIS ARTICLE.
  2. ANY UNIT OWNER SHALL HAVE THE RIGHT TO INSTALL SOLAR ENERGY  SYSTEM
ON  HIS OR HER INDIVIDUAL UNIT ROOFS UNLESS THERE IS A COMPELLING REASON
FOR THE CONDOMINIUM BOARD  TO  DENY  SUCH  INSTALLATION.  PRIOR  TO  ANY
INSTALLATION,  THE  GOVERNING BOARD OF MANAGERS OF THE CONDOMINIUM BOARD
SHALL BE CONSULTED REGARDING THE AESTHETICS OF THE INSTALLATION AS  SUCH
SOLAR PANEL RELATES TO THE OVERALL APPEARANCE OF THE ROOF OR ROOFS. SUCH
UNIT  OWNER  SHALL  BE RESPONSIBLE FOR THE INSTALLATION, MAINTENANCE AND
REMOVAL OF THE SOLAR ENERGY SYSTEM, AS WELL AS ANY DAMAGES INCURRED BY A
PERSON AS A RESULT OF SUCH SOLAR ENERGY SYSTEM. ALL  OTHER  UNIT  OWNERS
SHALL  BE  HELD  HARMLESS  FOR ANY DAMAGES CAUSED BY THE INSTALLATION OF
SUCH SOLAR ENERGY SYSTEM.
  S 2. Section 339-k of the real property law, as added by chapter 82 of
the laws of 1964, is amended to read as follows:
  S 339-k. Certain work prohibited. No unit  owner  shall  do  any  work
which  would  jeopardize the soundness or safety of the property, reduce
the value thereof or impair any easement or hereditament,  nor  may  any
unit  owner  add any material structure or excavate any additional base-
ment or cellar, without in every such case the consent of all  the  unit
owners  affected  being first obtained.  THIS SECTION SHALL NOT APPLY TO
THE INSTALLATION OF SOLAR ENERGY SYSTEMS.
  S 3. This act shall take effect immediately.

2013-A8283A (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Real Property Law
Laws Affected:
Add §339-ll, amd §339-k, RP L
Versions Introduced in 2015-2016 Legislative Session:
A6081

2013-A8283A (ACTIVE) - Summary

Authorizes the installation of solar energy systems on individual condominium units.

2013-A8283A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8283--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            November 20, 2013
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Housing -- recommitted to the Committee on  Housing  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the real property  law,  in  relation  to  solar  energy
  systems on condominium units

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property law is amended by adding  a  new  section
339-ll to read as follows:
  S  339-LL.  INSTALLATION  OF  SOLAR  ENERGY  SYSTEM ON INDIVIDUAL UNIT
ROOFS. 1. FOR THE PURPOSES OF THE INSTALLATION OF SOLAR ENERGY SYSTEM ON
INDIVIDUAL UNIT ROOFS, A ROOF SHALL NOT BE CONSIDERED A  COMMON  ELEMENT
PURSUANT  TO PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION THREE HUNDRED
THIRTY-NINE-E OF THIS ARTICLE.
  2. ANY UNIT OWNER SHALL HAVE THE RIGHT TO INSTALL SOLAR ENERGY  SYSTEM
ON  HIS  OR  HER INDIVIDUAL UNIT ROOFS EXCEPT WHERE IT POSES A THREAT TO
PUBLIC HEALTH OR SAFETY.  PRIOR TO ANY INSTALLATION, THE GOVERNING BOARD
OF MANAGERS OF THE CONDOMINIUM BOARD SHALL BE CONSULTED  AS  PART  OF  A
REVIEW  PROCESS.  SUCH UNIT OWNER SHALL BE RESPONSIBLE FOR THE INSTALLA-
TION, MAINTENANCE AND REMOVAL OF THE SOLAR ENERGY SYSTEM, AS WELL AS ANY
DAMAGES INCURRED BY A PERSON AS A RESULT OF SUCH  SOLAR  ENERGY  SYSTEM.
ALL  OTHER  UNIT OWNERS SHALL BE HELD HARMLESS FOR ANY DAMAGES CAUSED BY
THE INSTALLATION OF SUCH SOLAR ENERGY SYSTEM.
  S 2. Section 339-k of the real property law, as added by chapter 82 of
the laws of 1964, is amended to read as follows:
  S 339-k. Certain work prohibited. No unit  owner  shall  do  any  work
which  would  jeopardize the soundness or safety of the property, reduce
the value thereof or impair any easement or hereditament,  nor  may  any
unit  owner  add any material structure or excavate any additional base-
ment or cellar, without in every such case the consent of all  the  unit
owners  affected  being first obtained.  THIS SECTION SHALL NOT APPLY TO
THE INSTALLATION OF SOLAR ENERGY SYSTEMS.
  S 3. This act shall take effect immediately.

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