As of October 1, 2021, Homeowners Associations will no longer be permitted to blanketly block unit owners from installing solar panels in their full discretion.
A new NYS law, S2997, prohibits restrictions with "unreasonable limitations" on solar installation, including:
- Inhibiting solar from functioning at maximum efficiency; and
- Increasing solar installation or maintenance costs by more than 10% of total cost of initial installation of SPS.
The new law also requires HOAs to detail the basis for any solar installation rejection.
Further, the new law includes a private right of action to sue HOAs who violate the law.
As a result, HOAs better update their House Rules and policies immediately to avoid being sued.
Did your Board update your policies yet?
