NY A06878

Homeowners' associations are prohibited from adopting or enforcing rules that effectively prohibit or impose unreasonable limitations on the installation or use of solar power systems with a rated capacity of not more than 25 kilowatts.

Restrictions that inhibit a solar system from functioning at maximum efficiency or increase installation or maintenance costs by more than 10 percent of the total installation cost are deemed unreasonable and unenforceable.

Homeowners' associations may still restrict solar installations located on property owned by the association or owned in common by its members.

Any denial of solar installation by a homeowners' association must be provided in writing with detailed explanation and specific examples of concerns.

Homeowners may bring civil action in court for violations, and prevailing parties may recover reasonable attorneys' fees and litigation costs.