A-1783

Sponsored by: Assemblyman WAYNE P. DEANGELO District 14 (Mercer and Middlesex)

STATEMENT

Under current law, a homeowners’ association cannot adopt or enforce a restriction, covenant, bylaw, rule, or regulation prohibiting the installation of solar collectors on roofs of two types of housing: 1) a roof of a single-family dwelling solely owned by an individual which is not designated as a common element or common property in the governing documents of the association; and 2) a roof of a townhouse dwelling unit, where the repair of the roof is designated as the responsibility of the owner and not the homeowners’ association in the governing documents.

This bill makes clear that homeowners’ associations in common interest communities cannot adopt or enforce a restriction, covenant, bylaw, rule or regulation prohibiting the installation of solar collectors on the roof of any single family home or any townhouse located within such a community.