Do you support this bill?

Assembly Bill A8296

2013-2014 Legislative Session

Prohibits homeowners associations from banning the installation of solar arrays

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2013-A8296 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Real Property Law
Laws Affected:
Amd ยง339-j, RP L

2013-A8296 (ACTIVE) - Summary

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.

2013-A8296 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section 1. Section 339-j of the real property law, as amended by chap-
ter 437 of the laws of 1999, is amended to read as follows:
  S 339-j. Compliance with by-laws and rules and  regulations.  1.  Each
unit  owner shall comply strictly with the by-laws and with rules, regu-
lations, resolutions and decisions adopted pursuant thereto.  Failure to
comply with any of the same shall be ground for  an  action  to  recover
sums  due,  for damages or injunctive relief or both maintainable by the
board of managers on behalf of the unit owners or, in a proper case,  by
an  aggrieved  unit owner. In any case of flagrant or repeated violation
by a unit owner, he OR SHE may be required by the board of  managers  to
give sufficient surety or sureties for his OR HER future compliance with
the  by-laws,  rules,  regulations,  resolutions and decisions. Notwith-
standing the foregoing provisions of this section, no action or proceed-
ing for any relief may be maintained due to the display of a flag of the
United States measuring not more than four feet by six feet.
  2. NO BOARD OF MANAGERS SHALL BAN IN  THE  BY-LAWS,  ANY  SOLAR  PANEL
ARRAYS,  THE  INSTALLATION  OF  ROOFTOP SOLAR PANELS OR THE CLEARING AND
TRIMMING OF VEGETATION ON UNIT  OWNERS'  PROPERTIES  THAT  OBSCURE  SUCH
SOLAR  PANEL ARRAYS OR ROOFTOP SOLAR PANELS; PROVIDED, HOWEVER, THAT THE
BOARD OF MANAGERS SHALL BE CONSULTED REGARDING THE  AESTHETICS  OF  SUCH
SOLAR PANEL ARRAYS AND ROOFTOP SOLAR PANELS.
  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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.