Bill > A210

Introduced Session

This bill would revise current law concerning the installation of solar collectors in common interest communities. Under current law (subsection a. of N.J.S.A.45:22A-48.2), 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: a roof of a single-family dwelling solely owned by an individual or individuals which is not designated as a common element or common property in the governing documents of the association; and 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. Apparently, the homeowners' associations of some senior communities have determined that the language of the statute does not prohibit restrictions on the installation of solar collectors on the roofs of single family homes and townhouses in these communities, as the Legislature intended in 2007 when the statute was enacted. This bill would revise the language of subsection a. of N.J.S.A.45:22A-48.2 to make 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.

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Committee Categories

Daniel Benson (D)*,  Wayne DeAngelo (D)*,  Reed Gusciora (D)*,  Raj Mukherji (D)*,  Timothy Eustace (D),  Jamel Holley (D),  Angela Mcknight (D),  Benjie Wimberly (D), 

Received in the Senate, Referred to Senate Community and Urban Affairs Committee (on 09/26/2016)