S T A T E   O F   N E W   Y O R K
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                                 6081--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2015
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Housing -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the real property law, in relation to prohibiting condo-
  minium associations from banning the installation of solar  arrays  in
  their by-laws or rules and regulations

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

  Section 1. Legislative  intent.  The  governor  and  legislature  have
embarked  upon  a  multi-year, multi-pronged initiative to promote solar
investment and use.  In order to meet those goals, solar power  opportu-
nities  must  be  expanded  to those, who for a variety of reasons, have
been prevented from installing solar power systems,  particularly  solar
arrays, on their homes. Most condominium associations, for example, have
not  adapted  their  by-laws  to  provide  unit owners with that option.
States such as Arizona, California, Florida and Massachusetts have reme-
died this problem by enacting laws to prohibit condominium  associations
from  banning  or  curtailing the installation of solar arrays on a unit
owner's roof.
  Compounding the problem is the lack of consistency regarding condomin-
ium association by-laws. There  is  no  common  standard  governing  the
installation  and most, if not all, condominium associations reject such
installation without citing reasons. Frequently, litigation results with
dissimilar outcomes.  This  legislation  would  permit  unit  owners  to
install solar arrays in consultation with their condominium association.
It  would  thus  expand  the use of solar power systems for unit owners,
while granting a role in the decision-making process to the  condominium
associations.
  S  2.  The real property law is amended by adding a new section 339-ll
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00147-02-5

              

A. 6081--A                          2

  S 339-LL.  BY-LAWS  AND  RULES  AND  REGULATIONS;  CERTAIN  PROVISIONS
PROHIBITED.  1.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A)  "SOLAR  POWER  SYSTEM"  MEANS  THE USE OF SOLAR PHOTOVOLTAIC (PV)
TECHNOLOGY THROUGH THE INSTALLATION OF MULTIPLE PANELS.
  (B) "SOLAR ARRAYS" MEAN THE MULTIPLE PANELS PLACED  ON  ROOFS  AND  AS
FREE-STANDING  INSTALLATIONS  ALONG  WITH  THE  SUPPORT  STRUCTURES  AND
FIXTURES SUCH AS METERS AND PIPING.
  (C) "ROOF" MEANS OF A SINGLE FAMILY  DWELLING  UNIT  WHICH  IS  SOLELY
OWNED  BY AN INDIVIDUAL OR INDIVIDUALS, AND WHICH IS NOT DESIGNATED AS A
COMMON ELEMENT OR COMMON PROPERTY IN THE GOVERNING DOCUMENTS OF A CONDO-
MINIUM ASSOCIATION.
  (D) "CONDOMINIUM ASSOCIATION BOARD OF MANAGERS" OR "BOARD OF MANAGERS"
MEANS AN ASSOCIATION OR A  GROUP  OF  PERSONS  AUTHORIZED  TO  GOVERN  A
PRIVATE  COMMUNITY  WHOSE MEMBERS OWN THE IMPROVED LOTS OR UNITS OR BOTH
SUCH LOTS AND UNITS OF WHICH THE COMMUNITY IS  COMPOSED.  MEMBERSHIP  IN
THE ASSOCIATION IS MANDATORY FOR OWNERS OF A LOT OR UNIT IN THE COMMUNI-
TY.
  2.  NO CONDOMINIUM ASSOCIATION SHALL BAN IN ITS BY-LAWS OR BY RULES OR
REGULATIONS ADOPTED  PURSUANT  THERETO,  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.
  3.  ANY  COVENANT,  RESTRICTION  OR  CONDITION  CONTAINED IN ANY DEED,
CONTRACT, SECURITY AGREEMENT, OR OTHER INSTRUMENT AFFECTING TRANSFER  OR
SALE  OF,  OR ANY INTEREST IN, REAL PROPERTY WHICH EFFECTIVELY PROHIBITS
THE INSTALLATION OR USE OF A SOLAR ENERGY DEVICE IS VOID AND UNENFORCEA-
BLE.
  4. A CONDOMINIUM ASSOCIATION MAY ADOPT RULES OR REGULATIONS  TO  REGU-
LATE  THE  INSTALLATION  AND  MAINTENANCE  OF  SOLAR  ARRAYS ON ROOFS AS
FOLLOWS:
  (A)  QUALIFICATIONS,  CERTIFICATION  AND  INSURANCE  REQUIREMENTS   OF
PERSONNEL OR CONTRACTORS WHO MAY INSTALL THE SOLAR SYSTEM;
  (B) THE LOCATION OF SOLAR ARRAYS ON ROOFS;
  (C)  CONCEALMENT  OF  SOLAR  ARRAYS'  SUPPORT STRUCTURES, FIXTURES AND
PIPING;
  (D) COLOR HARMONIZATION OF SOLAR ARRAYS WITH THE COLORS OF  STRUCTURES
OR LANDSCAPING IN THE DEVELOPMENT;
  (E)  AGGREGATE  SIZE,  COVERAGE  OR TOTAL NUMBER OF SOLAR ARRAY PANELS
PROVIDED THAT THE PROVISIONS OF THIS SECTION ARE MET.
  SUCH RULES OR REGULATIONS MUST BE CODIFIED IN THE CONDOMINIUM  ASSOCI-
ATION BY-LAWS.
  5.  A  CONDOMINIUM  ASSOCIATION SHALL NOT ADOPT OR ENFORCE ANY RULE OR
REGULATION RELATED TO INSTALLATION OR MAINTENANCE OF SOLAR ARRAY  PANELS
IF  COMPLIANCE  WITH A RULE OR REGULATION WOULD INCREASE THE SOLAR POWER
SYSTEM'S INSTALLATION OR MAINTENANCE COSTS BY AN AMOUNT WHICH  IS  ESTI-
MATED  TO  BE GREATER THAN TEN PERCENT OF THE TOTAL COSTS OF THE INITIAL
INSTALLATION OF THE SOLAR POWER SYSTEM, INCLUDING THE COSTS OF LABOR AND
EQUIPMENT.
  6. A CONDOMINIUM ASSOCIATION SHALL NOT ADOPT OR ENFORCE  ANY  RULE  OR
REGULATION  RELATED  TO THE INSTALLATION OR MAINTENANCE OF A SOLAR POWER
SYSTEM IF COMPLIANCE WITH SUCH RULE OR  REGULATION  INHIBITS  THE  SOLAR
POWER SYSTEM FROM FUNCTIONING AT ITS INTENDED MAXIMUM EFFICIENCY.
  7.  A CONDOMINIUM ASSOCIATION MAY NOT DENY A UNIT OWNER'S INSTALLATION
OF A SOLAR POWER SYSTEM UNLESS IT  MAKES  WRITTEN  FINDINGS  BASED  UPON
SUBSTANTIAL  EVIDENCE IN THE RECORD THAT THE PROPOSED INSTALLATION WOULD

A. 6081--A                          3

HAVE A SPECIFIC, ADVERSE IMPACT UPON THE PUBLIC HEALTH  OR  SAFETY,  AND
THERE  IS  NO  FEASIBLE  METHOD  TO SATISFACTORILY MITIGATE OR AVOID THE
SPECIFIC, ADVERSE IMPACT. SUCH FINDINGS SHALL INCLUDE THE BASIS FOR  THE
REJECTION  OF POTENTIAL FEASIBLE ALTERNATIVES FOR PREVENTING THE ADVERSE
IMPACT.
  8. UNIT OWNERS WHO HAVE SUBMITTED SOLAR INSTALLATION DESIGNS PRIOR  TO
THE EFFECTIVE DATE OF THIS SECTION MAY RESUBMIT THE SAME DESIGN DRAWINGS
AND  ACCOMPANYING  MATERIALS TO THE CONDOMINIUM ASSOCIATION UNLESS THERE
HAS BEEN SUBSTANTIVE AND SIGNIFICANT CHANGES TO THE UNIT  STRUCTURE  AND
PROPERTY.
  9.  ALL PROPOSED SOLAR POWER SYSTEMS MUST MEET THE REQUIREMENTS ESTAB-
LISHED BY ANY LOCAL, STATE OR FEDERAL LAW, RULE OR REGULATION ON  HEALTH
AND  SAFETY  STANDARDS AND THOSE REQUIREMENTS IMPOSED BY STATE AND LOCAL
PERMITTING AUTHORITIES.
  10. A PERSON CLAIMING TO BE AGGRIEVED BY ANY VIOLATION OF THIS SECTION
MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT  JURISDICTION.  IN  ANY
ACTION  BROUGHT  PURSUANT  TO THIS SECTION, THE COURT MAY AWARD COSTS OF
LITIGATION, INCLUDING REASONABLE  ATTORNEYS'  FEES,  TO  THE  PREVAILING
PARTY.
  11.  NOTHING  IN  THIS  SECTION  SHALL PROHIBIT THE OWNERS OF MULTIPLE
DWELLING UNITS FROM INSTALLING SUCH SOLAR POWER SYSTEMS AS A GROUP  WITH
INDIVIDUAL OWNERS RETAINING RESPONSIBILITY OF EACH UNIT.
  S 3. This act shall take effect immediately.