{"data":{"id":"us-nj/n.j.-stat.-45-22a-48.2","jurisdiction":"us-nj","citation":"N.J. Stat. § 45:22A-48.2","heading":"Solar collectors on certain roofs, homeowners association authority limited.","body":"1. a. An association formed for the management of commonly-owned elements and facilities, regardless of whether organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A-43), shall not adopt or enforce a restriction, covenant, bylaw, rule or regulation prohibiting the installation of solar collectors on certain roofs of dwelling units, as follows:\nA roof of a single-family dwelling unit which is solely owned by an individual or individuals, and which is not designated as a common element or common property in the governing documents of an association; and\nA roof of a townhouse dwelling unit, which for the purposes of this subsection means any single-family dwelling unit constructed with attached walls to another such unit on at least one side, which unit extends from the foundation to the roof, and has at least two sides which are unattached to any other building, and the repair of the roof for the townhouse dwelling unit is designated as the responsibility of the owner and not the association in the governing documents.\nb.\tAn association may adopt rules to regulate the installation and maintenance of solar collectors on those roofs as specified in subsection a. of this section, in accordance with subsection c. of this section, and as follows:\n(1)\tThe qualifications, certification and insurance requirements of personnel or contractors who may install the solar collectors;\n(2)\tThe location where solar collectors may be placed on roofs;\n(3)\tThe concealment of solar collectors' supportive structures, fixtures and piping;\n(4)\tThe color harmonization of solar collectors with the colors of structures or landscaping in the development; and\n(5)\tThe aggregate size or coverage or total number of solar collectors, provided that the provisions of paragraph (2) of subsection c. below are met.\nc. (1) An association shall not adopt and shall not enforce any rule related to the installation or maintenance of solar collectors, if compliance with a rule or rules would increase the solar collectors' installation or maintenance costs by an amount which is estimated to be greater than 10 percent of the total cost of the initial installation of the solar collectors, including the costs of labor and equipment.\n(2)\tAn association shall not adopt and shall not enforce any rule related to the installation or maintenance of solar collectors, if compliance with such rules inhibits the solar collectors from functioning at their intended maximum efficiency.\nd.\tThe Commissioner of Community Affairs shall enforce the provisions of P.L.2007, c.153 (C.45:22A-48.2) in accordance with the authority granted under section 18 of P.L.1977, c. 419 (C.45:22A-38).\ne.\tThe provisions of P.L.2007, c.153 (C.45:22A-48.2) shall not apply to associations that are under the control of the developer as provided under section 5 of P.L.1993, c.30 (C.45:22A-47).\nL.2007, c.153, s.1.","path":["TITLE 45 PROFESSIONS AND OCCUPATIONS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"3110457426fe7ce192aa2c458c2b8690503962fb4ea3b33983e1f433dfd0aef2","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-45-22a-48.1","next":"us-nj/n.j.-stat.-45-22a-48.3"},"notice":"GroundRules: Original legal text. Not legal advice."}