Condominium/Real Estate Law Blog
Condominium Boards and Solar Panels
Posted by Jeff Barnes on August 15, 2011
According to the Planned Real Estate Development Full Disclosure Act (PREDFDA), N.J.S.A. 45:22A-48.2, there are certain rules governing the installation of solar panels at condominiums.
As per the above statute, a condominium association can regulate the installation of solar panels based on the way the word “roof” is defined in the association’s governing documents. Solar panels may be denied if the unit roofs are considered common elements. On the other hand, solar panels cannot be prohibited where the unit owners are responsible for the roof. New Jersey law provides that associations that permit solar panels should adopt rules and regulations governing the installation of same, by setting forth:
- the qualifications, certification and insurance requirements of personnel or contractors who install the solar panels
- the exact location where solar panels may be placed on roofs
- the concealment of solar panels, fixtures and piping
- the color and harmonization of solar panels, and
- the size or coverage or total number of solar panels
It is important to note that an association shall not adopt or enforce any rule if compliance would increase the solar panels’ installation or maintenance costs by an amount greater than 10 percent of the total cost of the initial installation, including costs of labor and equipment. Moreover, the statute requires the solar panels to function at their intended maximum efficiency. Although an association has some freedom to accept solar panels into its communities, these associations must comply with the language of the statue discussed.
If you have any questions about the above information, please do not hesitate to contact me to discuss how it pertains to your unique situation.
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