Bill Text: NY A06878 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to prohibiting homeowners' associations from restricting the installation of or use of solar power systems.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced - Dead) 2016-06-14 - ordered to third reading rules cal.277 [A06878 Detail]

Download: New_York-2015-A06878-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6878
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 8, 2015
                                      ___________
       Introduced  by M. of A. GALEF -- read once and referred to the Committee
         on Housing
       AN ACT to amend the real property law, in relation to prohibiting  home-
         owner  associations  from  banning the installation of solar arrays in
         their by-laws or rules and regulations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative  intent.  The  governor  and legislature have
    2  embarked upon a multi-year, multi-pronged initiative  to  promote  solar
    3  investment  and use.  In order to meet those goals, solar power opportu-
    4  nities must be expanded to those, who for a  variety  of  reasons,  have
    5  been  prevented  from installing solar power systems, particularly solar
    6  arrays, on their homes. Most homeowner associations, for  example,  have
    7  not adapted their by-laws to provide homeowners with that option. States
    8  such  as  Arizona,  California,  Florida and Massachusetts have remedied
    9  this problem by enacting laws to prohibit  homeowner  associations  from
   10  banning  or curtailing the installation of solar arrays on a homeowner's
   11  roof.
   12    Compounding the problem is the lack of consistency regarding homeowner
   13  association by-laws. There is no common standard governing the installa-
   14  tion and most, if not all, homeowner associations reject such  installa-
   15  tion without citing reasons. Frequently, litigation results with dissim-
   16  ilar outcomes. This legislation would permit homeowners to install solar
   17  arrays  in  consultation with their homeowner association. It would thus
   18  expand the use of solar power systems for homeowners, while  granting  a
   19  role in the decision-making process to the homeowner associations.
   20    S  2.  The real property law is amended by adding a new section 339-ll
   21  to read as follows:
   22    S 339-LL.  BY-LAWS  AND  RULES  AND  REGULATIONS;  CERTAIN  PROVISIONS
   23  PROHIBITED.  1.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
   24  HAVE THE FOLLOWING MEANINGS:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10006-02-5
       A. 6878                             2
    1    (A) "SOLAR POWER SYSTEM" MEANS THE  USE  OF  SOLAR  PHOTOVOLTAIC  (PV)
    2  TECHNOLOGY THROUGH THE INSTALLATION OF MULTIPLE PANELS.
    3    (B)  "SOLAR  ARRAYS"  MEAN  THE MULTIPLE PANELS PLACED ON ROOFS AND AS
    4  FREE-STANDING  INSTALLATIONS  ALONG  WITH  THE  SUPPORT  STRUCTURES  AND
    5  FIXTURES SUCH AS METERS AND PIPING.
    6    (C)  "ROOF"  MEANS  OF  A  SINGLE FAMILY DWELLING UNIT WHICH IS SOLELY
    7  OWNED BY AN INDIVIDUAL OR INDIVIDUALS, AND WHICH IS NOT DESIGNATED AS  A
    8  COMMON  ELEMENT OR COMMON PROPERTY IN THE GOVERNING DOCUMENTS OF A HOME-
    9  OWNER ASSOCIATION.
   10    (D) "HOMEOWNER ASSOCIATION" MEANS AN ASSOCIATION OR CORPORATION ESTAB-
   11  LISHED TO GOVERN A PRIVATE COMMUNITY WHOSE MEMBERS OWN THE IMPROVED LOTS
   12  OR HOMES OR BOTH SUCH LOTS AND HOMES OF WHICH THE COMMUNITY IS COMPOSED.
   13  MEMBERSHIP IN THE ASSOCIATION IS MANDATORY FOR OWNERS OF A LOT  OR  HOME
   14  IN THE COMMUNITY.
   15    2.  NO  HOMEOWNER  ASSOCIATION SHALL BAN IN ITS BY-LAWS OR BY RULES OR
   16  REGULATIONS ADOPTED  PURSUANT  THERETO,  ANY  SOLAR  PANEL  ARRAYS,  THE
   17  INSTALLATION  OF  ROOFTOP  SOLAR  PANELS OR THE CLEARING AND TRIMMING OF
   18  VEGETATION ON HOMEOWNERS'  PROPERTIES  THAT  OBSCURE  SUCH  SOLAR  PANEL
   19  ARRAYS OR ROOFTOP SOLAR PANELS.
   20    3.  ANY  COVENANT,  RESTRICTION  OR  CONDITION  CONTAINED IN ANY DEED,
   21  CONTRACT, SECURITY AGREEMENT, OR OTHER INSTRUMENT AFFECTING TRANSFER  OR
   22  SALE  OF,  OR ANY INTEREST IN, REAL PROPERTY WHICH EFFECTIVELY PROHIBITS
   23  THE INSTALLATION OR USE OF A SOLAR ENERGY DEVICE IS VOID AND UNENFORCEA-
   24  BLE.
   25    4. A HOMEOWNER ASSOCIATION MAY ADOPT RULES OR REGULATIONS TO  REGULATE
   26  THE INSTALLATION AND MAINTENANCE OF SOLAR ARRAYS ON ROOFS AS FOLLOWS:
   27    (A)   QUALIFICATIONS,  CERTIFICATION  AND  INSURANCE  REQUIREMENTS  OF
   28  PERSONNEL OR CONTRACTORS WHO MAY INSTALL THE SOLAR SYSTEM;
   29    (B) THE LOCATION OF SOLAR ARRAYS ON ROOFS;
   30    (C) CONCEALMENT OF SOLAR  ARRAYS'  SUPPORT  STRUCTURES,  FIXTURES  AND
   31  PIPING;
   32    (D)  COLOR HARMONIZATION OF SOLAR ARRAYS WITH THE COLORS OF STRUCTURES
   33  OR LANDSCAPING IN THE DEVELOPMENT;
   34    (E) AGGREGATE SIZE, COVERAGE OR TOTAL NUMBER  OF  SOLAR  ARRAY  PANELS
   35  PROVIDED THAT THE PROVISIONS OF THIS SECTION ARE MET.
   36    SUCH  RULES  OR  REGULATIONS MUST BE CODIFIED IN THE HOMEOWNER ASSOCI-
   37  ATION BY-LAWS.
   38    5. A HOMEOWNER ASSOCIATION SHALL NOT ADOPT  OR  ENFORCE  ANY  RULE  OR
   39  REGULATION  RELATED TO INSTALLATION OR MAINTENANCE OF SOLAR ARRAY PANELS
   40  IF COMPLIANCE WITH A RULE OR REGULATION WOULD INCREASE THE  SOLAR  POWER
   41  SYSTEM'S  INSTALLATION  OR MAINTENANCE COSTS BY AN AMOUNT WHICH IS ESTI-
   42  MATED TO BE GREATER THAN TEN PERCENT OF THE TOTAL COSTS OF  THE  INITIAL
   43  INSTALLATION OF THE SOLAR POWER SYSTEM, INCLUDING THE COSTS OF LABOR AND
   44  EQUIPMENT.
   45    6.  A  HOMEOWNER  ASSOCIATION  SHALL  NOT ADOPT OR ENFORCE ANY RULE OR
   46  REGULATION RELATED TO THE INSTALLATION OR MAINTENANCE OF A  SOLAR  POWER
   47  SYSTEM  IF  COMPLIANCE  WITH  SUCH RULE OR REGULATION INHIBITS THE SOLAR
   48  POWER SYSTEM FROM FUNCTIONING AT ITS INTENDED MAXIMUM EFFICIENCY.
   49    7. A HOMEOWNER ASSOCIATION MAY NOT DENY A HOMEOWNER'S INSTALLATION  OF
   50  A  SOLAR  POWER  SYSTEM  UNLESS  IT  MAKES  WRITTEN  FINDINGS BASED UPON
   51  SUBSTANTIAL EVIDENCE IN THE RECORD THAT THE PROPOSED INSTALLATION  WOULD
   52  HAVE  A  SPECIFIC,  ADVERSE IMPACT UPON THE PUBLIC HEALTH OR SAFETY, AND
   53  THERE IS NO FEASIBLE METHOD TO  SATISFACTORILY  MITIGATE  OR  AVOID  THE
   54  SPECIFIC,  ADVERSE IMPACT. SUCH FINDINGS SHALL INCLUDE THE BASIS FOR THE
   55  REJECTION OF POTENTIAL FEASIBLE ALTERNATIVES FOR PREVENTING THE  ADVERSE
   56  IMPACT.
       A. 6878                             3
    1    8.  HOMEOWNERS  WHO HAVE SUBMITTED SOLAR INSTALLATION DESIGNS PRIOR TO
    2  THE EFFECTIVE DATE OF THIS SECTION MAY RESUBMIT THE SAME DESIGN DRAWINGS
    3  AND ACCOMPANYING MATERIALS TO THE HOMEOWNER ASSOCIATION UNLESS THERE HAS
    4  BEEN SUBSTANTIVE AND SIGNIFICANT CHANGES TO THE HOME STRUCTURE AND PROP-
    5  ERTY.
    6    9.  ALL PROPOSED SOLAR POWER SYSTEMS MUST MEET THE REQUIREMENTS ESTAB-
    7  LISHED BY ANY LOCAL, STATE OR FEDERAL LAW, RULE OR REGULATION ON  HEALTH
    8  AND  SAFETY  STANDARDS AND THOSE REQUIREMENTS IMPOSED BY STATE AND LOCAL
    9  PERMITTING AUTHORITIES.
   10    10. A PERSON CLAIMING TO BE AGGRIEVED BY ANY VIOLATION OF THIS SECTION
   11  MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT  JURISDICTION.  IN  ANY
   12  ACTION  BROUGHT  PURSUANT  TO THIS SECTION, THE COURT MAY AWARD COSTS OF
   13  LITIGATION, INCLUDING REASONABLE  ATTORNEYS'  FEES,  TO  THE  PREVAILING
   14  PARTY.
   15    11.  NOTHING  IN  THIS  SECTION  SHALL PROHIBIT THE OWNERS OF MULTIPLE
   16  DWELLING UNITS FROM INSTALLING SUCH SOLAR POWER SYSTEMS AS A GROUP  WITH
   17  INDIVIDUAL OWNERS RETAINING RESPONSIBILITY OF EACH UNIT.
   18    S 3. This act shall take effect immediately.