N.Y. Real Property Law § 342: Certain covenants, conditions, and restrictions of homeowners' associations prohibited

§ 342. Certain covenants, conditions, and restrictions of homeowners'

associations prohibited. 1. Definitions. For the purposes of this

section:

(a) "restriction on use" means any covenant, restriction, or condition

contained in:

(i) a deed;

(ii) a contract;

(iii) the by-laws of a homeowners' association;

(iv) any rules or regulations adopted by a homeowners' association;

(v) a security agreement; or

(vi) any other instrument affecting the transfer or sale of, or any

interest in, real property.

(b) "solar power system" means a photovoltaic system, comprising of

solar electric generating equipment, installed on a rooftop, with a

rated capacity of not more than twenty-five kilowatts.

2. A homeowners' association may not adopt or enforce any rules or

regulations that would effectively prohibit, or impose unreasonable

limitations on, the installation or use of a solar power system. A

restriction on use which effectively prohibits the installation or use

of a solar power system is unenforceable and shall be void as contrary

to public policy. For the purposes of this subdivision, an unreasonable

limitation includes, but is not limited to, any restriction on use that:

(a) inhibits the solar power system from functioning at its intended

maximum efficiency; or

(b) increases the solar power system's installation or maintenance

costs by an amount which is estimated to be greater than ten percent of

the total cost of the initial installation of the solar power system,

including the costs of labor and equipment.

3. Notwithstanding subdivision two of this section, a homeowners'

association may adopt or enforce a restriction on use to prohibit the

installation of a solar power system that is located on property owned

by the homeowners' association or that is located on property owned in

common by the members of the homeowners' association.

4. Any denial of a homeowner's installation of a solar power system by

a homeowners' association must include a detailed description of the

exact basis for rejection in writing with specific examples of the

homeowners' association's concerns, if applicable.

5. A solar power system must meet the requirements established by any

local, state or federal law, rule or regulation on health and safety

standards and those requirements imposed by state and local permitting

authorities.