New Jersey N.J.S.A. 45:22A-48.2: HOA Limits on Rooftop Solar Collectors

Quick Answer

N.J.S.A. 45:22A-48.2 bars a New Jersey association from adopting or enforcing a rule that prohibits solar collectors on the roof of an owner-owned single-family home, or on a townhouse roof the owner is responsible for repairing. The association may regulate installers, placement, concealment, color and total size, but no rule may add more than 10 percent to the cost or stop the panels from working at their intended maximum efficiency. The law does not apply while the developer controls the association.

At a Glance

What the Law Says

Which roofs are protected

An association "shall not adopt or enforce a restriction, covenant, bylaw, rule or regulation prohibiting the installation of solar collectors" on:

• "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," defined for this section as "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," where "the repair of the roof ... is designated as the responsibility of the owner and not the association in the governing documents."

Rules the association may adopt

Subsection (b) allows rules to "regulate the installation and maintenance of solar collectors" on those roofs covering:

• "The qualifications, certification and insurance requirements of personnel or contractors who may install the solar collectors";
• "The location where solar collectors may be placed on roofs";
• "The concealment of solar collectors' supportive structures, fixtures and piping";
• "The color harmonization of solar collectors with the colors of structures or landscaping in the development"; and
• "The aggregate size or coverage or total number of solar collectors," subject to the limits below.

Two hard limits

Under subsection (c), an association "shall not adopt and shall not enforce any rule" about installation or maintenance if compliance would:

• increase 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"; or
• inhibit the solar collectors "from functioning at their intended maximum efficiency."

Enforcement and developer-control exception

The Commissioner of Community Affairs enforces the law under the authority of section 18 of P.L.1977, c.419 (45:22A-38). The law "shall not apply to associations that are under the control of the developer" as provided in 45:22A-47.

What This Means in Practice

For boards

You can keep a written solar policy, as long as each rule fits one of the five permitted topics and passes the 10 percent and efficiency tests. A blanket prohibition, or a rule that effectively blocks installation, is outside subsection (a). Document the cost basis if you adopt a rule that could add expense. The statute uses the word "estimated," so a reasonable written estimate helps show the rule stays under the 10 percent line.

For owners

Check two things first: whether your home is a solely owned single-family unit or a qualifying townhouse, and whether the governing documents make the roof a common element or make the association responsible for roof repair. If so, the protection may not apply. The statute protects only the roofs it lists.

What the law does not say

It does not cover condominium buildings or any roof designated common property, so many multi-unit condo roofs are outside it. It does not say whether the association may require an application or architectural approval, though subsection (b) lets it regulate installer qualifications and placement. It does not give a decision deadline (compare the EV charging law's 60-day rule on our EV charging page). It does not address ground-mounted systems or balcony systems. For balcony solar, see our page on the Garden State Balcony Solar Act.

Open questions

The statute does not say who estimates the 10 percent figure or how a dispute over it is resolved. Our reading is that an owner who believes a rule breaches the limits can ask the Department of Community Affairs to enforce, since enforcement authority sits with the Commissioner. We did not find a published decision interpreting the section.

Timeline

Related New Jersey Law

• Garden State Balcony Solar Act (S2368)
• 45:22A-48.4, electric vehicle charging stations
• 45:22A-48.1, flags and yellow ribbons
• 45:22A-43, association organization and membership
• Planned Real Estate Development Full Disclosure Act overview

Board Checklist

• Search the governing documents for any ban or blanket restriction on solar collectors and set it aside for protected roofs.
• Confirm which roofs are owner-owned single-family or qualifying townhouse roofs.
• Limit any solar rule to installer qualifications, location, concealment, color or total size.
• Estimate the cost effect of each rule against the 10 percent limit and keep the estimate.
• Check that no rule would stop the panels from working at intended maximum efficiency.
• Confirm the developer-control period is over before applying the rules as written.
• Send questions about edge cases to counsel before denying an application.

Frequently Asked Questions

Can a New Jersey HOA ban rooftop solar panels?

Not on the protected roofs. Section 45:22A-48.2 bars an association from prohibiting solar collectors on a solely owned single-family home roof not designated common property, or a townhouse roof that the owner must repair.

Can the HOA require a certain installer or insurance?

It may adopt rules on the qualifications, certification and insurance requirements of installation personnel or contractors.

How much can HOA rules add to the cost?

No more than an estimated 10 percent of the total cost of the initial installation, including labor and equipment.

Can the HOA require panels to be hidden?

It may adopt rules on concealing supportive structures, fixtures and piping and on color harmonization, but not if doing so exceeds the 10 percent cost limit or reduces the panels' intended maximum efficiency.

Does this apply to condo roofs?

The text covers single-family units and certain townhouses. A roof designated a common element in the governing documents is outside subsection (a).

Who enforces this law?

The Commissioner of Community Affairs under 45:22A-38.

Where This Comes From

We read the 2025 Revised Statutes text of N.J.S.A. 45:22A-48.2 on the Justia mirror of the Revised Statutes. We did not read the 2007 bill, the Department of Community Affairs enforcement process, or any court decision.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed New Jersey attorney before acting.