Concerns installation and maintenance of solar panels in common interest communities.

S3562

SENATE, No. 3562

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Senator� LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Concerns installation and maintenance of solar panels
in common interest communities.

�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the installation and maintenance of solar
panels in common interest communities and amending P.L.2007, c.153.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.2007,
c.153 (C.45:22A-48.2) is amended to read as follows:

���� 1.��� a.� An association
formed for the management of commonly-owned elements and facilities, regardless
of whether organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A-43),
shall not adopt or enforce a restriction, covenant, bylaw, rule, or regulation prohibiting
the installation of solar collectors on certain roofs of dwelling units, as
follows:

���� A roof of a single-family
dwelling unit which is solely owned by an individual
[
, and which is not designated as
a common element or common property in the governing documents of an
association
]
;
and

���� A roof of a townhouse dwelling
unit, which for the purposes of this subsection means any single-family
dwelling unit constructed with attached walls to another such unit on at least
one side, which unit extends from the foundation to the roof, and has at least
two sides which are unattached to any other building
[
, and the repair of the roof for
the townhouse dwelling unit is designated as the responsibility of the owner
and not the association in the governing documents
]
.

���� b.��� An association may adopt
rules to regulate the installation and maintenance of solar collectors on those
roofs as specified in subsection a. of this section, in accordance with
subsection c. of this section, and as follows:

���� (1)�� The qualifications,
certification, and insurance requirements of personnel or contractors who may
install the solar collectors;

���� (2)�� The location where solar
collectors may be placed on roofs;

���� (3)�� The concealment of solar
collectors' supportive structures, fixtures and piping;

���� (4)�� The color harmonization
of solar collectors with the colors of structures or landscaping in the
development; and

���� (5)�� The aggregate size or
coverage or total number of solar collectors, provided that the provisions of
paragraph (2) of subsection c. below are met.

���� c.���� (1)� An association
shall not adopt and shall not enforce any rule related to the installation or
maintenance of solar collectors, if compliance with a rule would increase the
solar collectors' installation or maintenance costs by an amount which is estimated
to be greater than 10 percent of the total cost of the initial installation of
the solar collectors, including the costs of labor and equipment.

���� (2)�� An association shall not
adopt and shall not enforce any rule related to the installation or maintenance
of solar collectors, if compliance with the rule inhibits the solar collectors
from functioning at their intended maximum efficiency.

���� d.��� The Commissioner of
Community Affairs shall enforce the provisions of P.L.2007, c.153
(C.45:22A-48.2) in accordance with the authority granted under section 18 of
P.L.1977, c.419 (C.45:22A-38).

���� e.���� The provisions of
P.L.2007, c.153 (C.45:22A-48.2) shall not apply to associations that are under
the control of the developer as provided under section 5 of P.L.1993, c.30
(C.45:22A-47).

(cf: P.L.2007, c.153, s.1)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� Under current law, a
homeowners� association cannot adopt or enforce a restriction, covenant, bylaw,
rule, or regulation prohibiting the installation of solar collectors on roofs
of two types of housing: (1) a roof of a single-family dwelling solely owned by
an individual which is not designated as a common element or common property in
the governing documents of the association; and (2) a roof of a townhouse
dwelling unit, where the repair of the roof is designated as the responsibility
of the owner and not the homeowners� association in the governing documents.

���� This bill makes clear that
homeowners� associations in common interest communities cannot adopt or enforce
a restriction, covenant, bylaw, rule, or regulation prohibiting the
installation of solar collectors on the roof of any single family home or any
townhouse located within such a community.