NY State Senate Bill 2015-S7679B

Senate Bill S7679B

2015-2016 Legislative Session

Relates to prohibiting homeowners' associations from restricting the installation or use of solar power systems

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2016	print number 7679b
Jun 09, 2016	amend and recommit to judiciary
Jun 03, 2016	print number 7679a
Jun 03, 2016	amend and recommit to judiciary
May 12, 2016	referred to judiciary

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S7679 - Details

See Assembly Version of this Bill:: A6878
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7735, A3691
2019-2020: S4742, A5896
2021-2022: S2997, A1933

2015-S7679 - Summary

Relates to prohibiting homeowners' associations from restricting the installation of or use of solar power systems.

2015-S7679 - Sponsor Memo

                                 BILL NUMBER:  S7679

 TITLE OF BILL :  An act to amend the real property law, in relation
to prohibiting homeowners' associations from restricting the
installation or use of solar power systems

 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 one's 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.

 PRIOR LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

There are no fiscal implications associated with this legislation.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2015-S7679 - Bill Text download pdf

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

                                  7679

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation to prohibiting  home-
  owners' associations from restricting the installation or use of solar
  power systems

  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  article
9-C to read as follows:
                                ARTICLE 9-C
                            SOLAR RIGHTS ACT
SECTION 342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWN-
               ERS' ASSOCIATIONS PROHIBITED.
  S  342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWNERS'
ASSOCIATIONS PROHIBITED.  1.  DEFINITIONS.  FOR  THE  PURPOSES  OF  THIS
SECTION:
  (A) "RESTRICTION ON USE" MEANS ANY COVENANT, RESTRICTION, OR CONDITION
CONTAINED IN:
  (I) A DEED;
  (II) A CONTRACT;
  (III) THE BY-LAWS OF A HOMEOWNERS' ASSOCIATION;
  (IV) ANY RULES OR REGULATIONS ADOPTED BY A HOMEOWNERS' ASSOCIATION;
  (V) A SECURITY AGREEMENT; OR
  (VI)  ANY  OTHER  INSTRUMENT AFFECTING THE TRANSFER OR SALE OF, OR ANY
INTEREST IN, REAL PROPERTY.
  (B) "SOLAR POWER SYSTEM" MEANS A PHOTOVOLTAIC  SYSTEM,  COMPRISING  OF
SOLAR  ELECTRIC  GENERATING  EQUIPMENT,  INSTALLED  ON A ROOFTOP, WITH A
RATED CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10006-04-6

S. 7679                             2

TO  PUBLIC POLICY. FOR THE PURPOSES OF THIS SUBDIVISION, AN UNREASONABLE
LIMITATION INCLUDES, BUT IS 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 TEN PERCENT 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 HOMEOWNERS' ASSOCIATION OR THAT IS LOCATED ON PROP-
ERTY OWNED IN COMMON BY THE MEMBERS OF THE HOMEOWNERS' ASSOCIATION.
  4. ANY DENIAL OF A HOMEOWNER'S INSTALLATION OF A SOLAR POWER SYSTEM BY
A HOMEOWNERS' ASSOCIATION MUST INCLUDE A  DETAILED  DESCRIPTION  OF  THE
EXACT BASIS FOR REJECTION IN WRITING WITH SPECIFIC EXAMPLES OF THE HOME-
OWNERS' ASSOCIATION'S CONCERNS, IF APPLICABLE.
  5.  A SOLAR POWER SYSTEM MUST MEET THE REQUIREMENTS ESTABLISHED 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.
  6. 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.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

co-Sponsors

2015-S7679A - Details

See Assembly Version of this Bill:: A6878
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7735, A3691
2019-2020: S4742, A5896
2021-2022: S2997, A1933

2015-S7679A - Summary

Relates to prohibiting homeowners' associations from restricting the installation of or use of solar power systems.

2015-S7679A - Sponsor Memo

                                 BILL NUMBER:  S7679A

 TITLE OF BILL :  An act to amend the real property law, in relation
to prohibiting homeowners' associations from restricting the
installation or use of solar power systems

 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 one's 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.

 PRIOR LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

There are no fiscal implications associated with this legislation.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2015-S7679A - Bill Text download pdf

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

                                 7679--A

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced by Sens. MARCELLINO, LATIMER -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Judiciary --
  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 home-
  owners' associations from restricting the installation or use of solar
  power systems

  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 article
9-C to read as follows:
                                ARTICLE 9-C
                            SOLAR RIGHTS ACT
SECTION 342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWN-
               ERS' ASSOCIATIONS PROHIBITED.
  S 342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF  HOMEOWNERS'
ASSOCIATIONS  PROHIBITED.  1.  DEFINITIONS.  FOR  THE  PURPOSES  OF THIS
SECTION:
  (A) "RESTRICTION ON USE" MEANS ANY COVENANT, RESTRICTION, OR CONDITION
CONTAINED IN:
  (I) A DEED;
  (II) A CONTRACT;
  (III) THE BY-LAWS OF A HOMEOWNERS' ASSOCIATION;
  (IV) ANY RULES OR REGULATIONS ADOPTED BY A HOMEOWNERS' ASSOCIATION;
  (V) A SECURITY AGREEMENT; OR
  (VI) ANY OTHER INSTRUMENT AFFECTING THE TRANSFER OR SALE  OF,  OR  ANY
INTEREST IN, REAL PROPERTY.
  (B)  "SOLAR  POWER  SYSTEM" MEANS A PHOTOVOLTAIC SYSTEM, COMPRISING OF
SOLAR ELECTRIC GENERATING EQUIPMENT, INSTALLED  ON  A  ROOFTOP,  WITH  A
RATED CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS.
  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

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

                                                           LBD10006-06-6

S. 7679--A                          2

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 IS 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 TEN PERCENT 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
BY THE HOMEOWNERS' ASSOCIATION OR THAT IS LOCATED ON PROPERTY  OWNED  IN
COMMON BY THE MEMBERS OF THE HOMEOWNERS' ASSOCIATION.
  4. ANY DENIAL OF A HOMEOWNER'S INSTALLATION OF A SOLAR POWER SYSTEM BY
A  HOMEOWNERS'  ASSOCIATION  MUST  INCLUDE A DETAILED DESCRIPTION OF THE
EXACT BASIS FOR REJECTION IN WRITING WITH SPECIFIC EXAMPLES OF THE HOME-
OWNERS' ASSOCIATION'S CONCERNS, IF APPLICABLE.
  5. A SOLAR POWER SYSTEM MUST MEET THE REQUIREMENTS ESTABLISHED 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.
  6. A PERSON MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JURISDIC-
TION  FOR  ANY VIOLATION OF THIS SECTION. IN ANY ACTION BROUGHT PURSUANT
TO THIS SECTION, THE COURT MAY AWARD APPROPRIATE  REMEDY  AND  COSTS  OF
LITIGATION,  INCLUDING  REASONABLE  ATTORNEYS'  FEES,  TO THE PREVAILING
PARTY.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

co-Sponsors

2015-S7679B (ACTIVE) - Details

See Assembly Version of this Bill:: A6878
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7735, A3691
2019-2020: S4742, A5896
2021-2022: S2997, A1933

2015-S7679B (ACTIVE) - Summary

Relates to prohibiting homeowners' associations from restricting the installation of or use of solar power systems.

2015-S7679B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7679B

 TITLE OF BILL :  An act to amend the real property law, in relation
to prohibiting homeowners' associations from restricting the
installation or use of solar power systems

 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 one's 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.

 PRIOR LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

There are no fiscal implications associated with this legislation.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2015-S7679B (ACTIVE) - Bill Text download pdf

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

                                 7679--B

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced by Sens. MARCELLINO, LATIMER -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Judiciary --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- 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  home-
  owners' associations from restricting the installation or use of solar
  power systems

  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  article
9-C to read as follows:
                                ARTICLE 9-C
                            SOLAR RIGHTS ACT
SECTION 342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWN-
               ERS' ASSOCIATIONS PROHIBITED.
  S  342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWNERS'
ASSOCIATIONS PROHIBITED.  1.  DEFINITIONS.  FOR  THE  PURPOSES  OF  THIS
SECTION:
  (A) "RESTRICTION ON USE" MEANS ANY COVENANT, RESTRICTION, OR CONDITION
CONTAINED IN:
  (I) A DEED;
  (II) A CONTRACT;
  (III) THE BY-LAWS OF A HOMEOWNERS' ASSOCIATION;
  (IV) ANY RULES OR REGULATIONS ADOPTED BY A HOMEOWNERS' ASSOCIATION;
  (V) A SECURITY AGREEMENT; OR
  (VI)  ANY  OTHER  INSTRUMENT AFFECTING THE TRANSFER OR SALE OF, OR ANY
INTEREST IN, REAL PROPERTY.
  (B) "SOLAR POWER SYSTEM" MEANS A PHOTOVOLTAIC  SYSTEM,  COMPRISING  OF
SOLAR  ELECTRIC  GENERATING  EQUIPMENT,  INSTALLED  ON A ROOFTOP, WITH A
RATED CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS.
  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

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

                                                           LBD10006-08-6

S. 7679--B                          2

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 IS 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 TEN PERCENT 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
BY THE HOMEOWNERS' ASSOCIATION OR THAT IS LOCATED ON PROPERTY  OWNED  IN
COMMON BY THE MEMBERS OF THE HOMEOWNERS' ASSOCIATION.
  4. ANY DENIAL OF A HOMEOWNER'S INSTALLATION OF A SOLAR POWER SYSTEM BY
A  HOMEOWNERS'  ASSOCIATION  MUST  INCLUDE A DETAILED DESCRIPTION OF THE
EXACT BASIS FOR REJECTION IN WRITING WITH SPECIFIC EXAMPLES OF THE HOME-
OWNERS' ASSOCIATION'S CONCERNS, IF APPLICABLE.
  5. A SOLAR POWER SYSTEM MUST MEET THE REQUIREMENTS ESTABLISHED 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.
  6. A PERSON MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JURISDIC-
TION  FOR  ANY VIOLATION OF THIS SECTION. IN ANY ACTION BROUGHT PURSUANT
TO THIS SECTION, THE COURT MAY AWARD THE APPROPRIATE REMEDIES AND  COSTS
OF  LITIGATION,  INCLUDING REASONABLE ATTORNEYS' FEES, TO THE PREVAILING
PARTY.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Senate Bill S7679B

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

George Latimer

2015-S7679 - Details

2015-S7679 - Summary

2015-S7679 - Sponsor Memo

2015-S7679 - Bill Text download pdf

co-Sponsors

George Latimer

2015-S7679A - Details

2015-S7679A - Summary

2015-S7679A - Sponsor Memo

2015-S7679A - Bill Text download pdf

co-Sponsors

Brad Hoylman-Sigal

George Latimer

2015-S7679B (ACTIVE) - Details

2015-S7679B (ACTIVE) - Summary

2015-S7679B (ACTIVE) - Sponsor Memo

2015-S7679B (ACTIVE) - Bill Text download pdf

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