Senate Bill S7559

                                 BILL NUMBER:  S7559

 TITLE OF BILL :

An act to amend the real property law, in relation to solar energy
systems on condominium units

 PURPOSE :

The purpose of this legislation is to prohibit homeowners'
associations from restricting the installation or use of solar power
systems.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. The Real Property Law is amended by adding a new article
9-C, which carries the title SOLAR RIGHTS ACT. Section 342. Certain
covenants, conditions, and restrictions of homeowners' associations
prohibited.

1. Defines restriction on use and solar power system for purposes of
this section.

2. A homeowners' association may not adopt or enforce any rules or
regulations that would effectively prohibit, or impose unreasonable
limitations on, the installation or use of a solar power system. A
              

restriction on use which effectively prohibits the installation or use
of a solar power system is unenforceable and shall be void as contrary
to public policy. For the purposes of this subdivision, an
unreasonable limitation includes, but not limited to, any restriction
on use that: (a) inhibits the solar power system from functioning at
its intended maximum efficiency; or (b) increases the solar power
system's installation or maintenance costs by an amount which is
estimated to be greater than 10% of the total cost of the initial
installation of the solar power system, including the costs of labor
and equipment.

3. Notwithstanding subdivision two of this section, a homeowners'
association may adopt or enforce a restriction on use to prohibit the
installation of a solar power system that is located on property owned
or maintained by the association or is located property owned in
common.

4. Denial by an association must include an exact description in
writing as to why, and state examples of the associations concerns.

5. A solar power system must meet all requirements and safety
standards.

6. A person claiming to be aggrieved by any violation of this section
may bring a civil action in a court of competent jurisdiction.

Section 2. Establishes the effective date.

 JUSTIFICATION :

The New York State Governor and Legislature have embarked upon a
multi-year, multi-pronged initiative to promote solar investment and
use. To meet the goals, however, solar power opportunities must be
expanded to those, who for a variety of reasons, have been prevented
from installing solar systems, particularly solar arrays, on their
homes. Most homeowner associations, for example, have not adapted
their by-lays to provide homeowners with the option. States such as
Arizona, California, Florida and Massachusetts have remedied the
problem by enacting laws to prohibit homeowner associations from
banning or curtailing the installation of solar arrays on ones roof.
Compounding the problem is the lack of consistency regarding homeowner
association by-laws. There is no common standard governing the
installation and most if not all homeowner associations reject such
installation without citing reasons. Frequently, litigation results
with dissimilar outcomes. This legislation would permit homeowners the
right to install solar arrays in consultation with their homeowners'
association. It would thus expand the use of solar power systems for
homeowners, while granting a role in the decision-making process to
the homeowner associations.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately