New Jersey § 45:22a-48

§ 45:22a-48.

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: A 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 A 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. b. An 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: (1) The qualifications, certification and insurance requirements of personnel or contractors

who may install the solar collectors; (2) The location where solar collectors may be placed on roofs; (3) The concealment of solar collectors' supportive structures, fixtures and piping; (4) The color harmonization of solar collectors with the colors of structures or landscaping

in the development; and (5) The aggregate size or coverage or total number of solar collectors, provided that

the provisions of paragraph (2) of subsection c. below are met. c. (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. (2) An 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. d. The 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 ). e. The 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 ).