New Jersey has long been a leader in promoting renewable energy, and state law reflects a strong public policy in favor of allowing residents to install solar energy systems on their homes. For community associations, however, balancing that policy with the need to preserve uniformity, safety, and property values can be challenging. Understanding the limits of an association’s authority is therefore critical to ensuring both compliance and fairness.
Under N.J.S.A. 45:22A-48.2, a condominium, townhome, or homeowner association may not adopt or enforce any covenant, bylaw, rule, or regulation that prohibits the installation of solar collectors on certain types of homes. Specifically, the law protects owners of single-family dwellings and townhouses whose roofs are not common elements and are maintained at the owner’s expense. For these types of homes, an association cannot impose a blanket prohibition against rooftop solar panels. The legislature’s intent is clear: homeowners should be permitted to generate renewable energy on their own property without unnecessary interference.
That said, associations are not powerless to regulate solar installations. The statute allows associations to adopt reasonable rules concerning the installation, maintenance, and appearance of solar energy systems. Such rules may address matters such as contractor qualifications, placement on the roof, color coordination, and concealment of wiring or supports. However, the law places important limits on the scope of these rules. An association’s requirements may not increase the cost of installation or maintenance by more than ten percent of the total installation cost, nor may they reduce the system’s efficiency or function. In other words, aesthetic or procedural restrictions must remain secondary to the fundamental right of the homeowner to make meaningful use of solar technology.
In practice, this means that boards and property managers should review their governing documents and determine how roofs are classified. If a roof is designated as a common element, as is often the case in traditional condominiums and some townhomes, the association retains control over the structure, and an individual unit owner generally may not install solar panels without the board’s express approval. In contrast, if a roof is part of a townhouse or detached home where the owner bears maintenance responsibility, then the association must allow the installation subject only to reasonable, non-burdensome conditions. In all cases, it is advisable for the board to require advance submission of installation plans, proof of contractor licensing and insurance, and confirmation that the project complies with local building and electrical codes.
Ultimately, New Jersey’s solar access statute seeks to balance individual property rights with the collective interests of common-interest communities. While associations cannot prohibit qualifying homeowners from installing solar panels, they can and should adopt clear, fair, and consistent standards to guide the process. Boards that proactively update their rules to align with the statute will not only remain compliant with state law but also help advance the broader goal of sustainability within their communities.