Quick Answer
The Garden State Balcony Solar Act (S2368/A4836) was signed by Governor Sherrill on September 1, 2026. It exempts "portable" plug-in solar devices of up to 1,200 watts from utility interconnection and net metering requirements, and in the version we read it bars homeowners' associations and condominium associations from enforcing governing-document provisions that prohibit a unit owner or tenant from using one on the exterior of the premises.
Associations keep some control: the bill text allows "reasonable restrictions concerning the size, placement, or manner of placement" and allows associations to require indemnity. We could not confirm the P.L. chapter number or the final effective date, and we read the third reprint rather than the signed copy, so confirm the enacted text with counsel before changing any rule.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | Garden State Balcony Solar Act, S2368 (third reprint) / A4836 (second reprint), 222nd Legislature. P.L. chapter number not confirmed |
| Signed | September 1, 2026 (Governor's press release) |
| Effective date | Not confirmed for the signed version. The third reprint says the act "shall take effect six months after the date of enactment." If unchanged, that would be about March 1, 2027 (our computation) |
| Applies to | Condominium associations, homeowners' associations, cooperative housing corporations and other entities governing a planned real estate development; also landlords, utilities and municipalities |
| Key sections | Section 3 of the reprint (landlords and associations); sections 2 and 4 (devices, utilities, municipalities). Codified numbers not confirmed |
| Remedy or penalty | Governing-document provisions inconsistent with the association subsection are "void and unenforceable"; no fine or penalty stated |
What the Law Says
This section describes the third reprint of S2368 (as reported by the Assembly Budget Committee on June 28, 2026). A4836 second reprint carries the same operative text. The final enacted copy may differ.
What is a portable solar generation device
A "moveable photovoltaic generation device and associated equipment" that:
- has a maximum power output of not more than 1,200 watts;
- is designed to connect through a standard 120-volt alternating current outlet;
- is on the customer's side of the meter and intended primarily to offset part of the customer's electricity use;
- is listed or certified under Underwriters Laboratories Standard No. 3700 or a comparable standard by a nationally recognized testing laboratory; and
- includes a feature that prevents exporting power to the distribution system during an outage.
Utility and installation rules
Devices are exempt from interconnection agreements and net metering program requirements. Utilities may not require prior approval, fees or extra controls. Devices must follow the installation provisions of their product listing, the National Electrical Code and the Uniform Construction Code, except that a device with an output of 400 watts or less is exempt from provisions requiring alterations to the premises, wiring or panels. The combined output at one dwelling unit in multi-family housing cannot exceed 1,200 watts unless an interconnection agreement is obtained.
Associations
The association subsection says a homeowners' association, condominium association, cooperative housing corporation or other entity governing a planned real estate development "shall not enforce any provision of a master deed, declaration, bylaw, rule, regulation, or other governing document that prohibits a unit owner or tenant from utilizing a portable solar generation device or placing a portable solar generation device on the exterior of the unit owner's or tenant's premises." The association "may establish reasonable restrictions concerning the size, placement, or manner of placement" on the exterior. Inconsistent provisions are "void and unenforceable."
The association may require a tenant, unit owner or occupant to indemnify it for claims arising from "negligent installation, maintenance, or use" of a device.
Tenant notice
A tenant must give written notice to the landlord, and in the third reprint to the association or similar entity, of intent to use a device, with documentation that it meets the definition and the proposed location, at least 14 days before placement or use. The reprint says the landlord may respond with reasonable restrictions.
Municipalities
A municipality "shall not prohibit the use" of a device on residential property and may not require a permit, application or fee for placement or use, though building modifications and electrical work remain subject to code.
What This Means in Practice
For boards
If the signed text matches the reprint, a blanket ban on plug-in solar in governing documents would not be enforceable once the act is effective. Rules about where on a balcony or exterior wall a device may go, size, and manner of attachment are expressly allowed, provided they are reasonable. Consider which existing architectural rules already address balcony items, and whether they treat these devices differently from other equipment.
For owners
The tenant notice with 14 days lead time is written for tenants. Our reading: the reprint does not set a notice period for an owner-occupant, but an association's reasonable placement rules may still apply. Confirm with counsel.
Open questions
- The final chapter number, signed text and effective date were not confirmed.
- What counts as "reasonable" is not defined; the line between a placement rule and a de facto ban is untested (our reading).
- The text says "exterior of the unit owner's or tenant's premises." How that applies to limited common elements such as shared balconies is not addressed (our reading).
- Whether associations may charge a review fee or require insurance beyond indemnity is not stated in the reprint.
Timeline
| Date | Event |
|---|---|
| June 23, 2026 | Assembly State and Local Government Committee reports S2368 with amendments adding the association provision |
| June 28, 2026 | Third reprint text reflects Assembly Budget Committee amendments |
| September 1, 2026 | Governor signs the act |
| About March 1, 2027 (computed, unconfirmed) | Six months after enactment, per the third reprint |
Related New Jersey Law
- N.J.S.A. 45:22A-48.2: solar collectors on certain roofs (existing law, see our separate page rooftop solar)
- N.J.S.A. 45:22A-48.4: EV charging stations
- New Jersey HOA laws and regulations
Board Checklist
- Obtain the signed text and P.L. number from the Legislature before acting.
- Confirm the effective date.
- Review governing documents and rules for any ban on exterior electrical equipment.
- Draft, with counsel, reasonable size and placement standards.
- Decide whether to require an indemnity and how to document it.
- Prepare a simple intake form for the written notice and device documentation.
- Coordinate with your insurance agent on device-related claims.
Frequently Asked Questions
Is the Garden State Balcony Solar Act law?
The Governor's office announced on September 1, 2026 that she signed it. We could not confirm the chapter number.
When does it take effect?
The third reprint says six months after enactment. We have not read the signed copy, so confirm the date.
Can an HOA ban plug-in solar?
In the text we read, an association may not enforce a governing-document provision that prohibits a unit owner or tenant from using a device on the exterior, but may set reasonable size and placement restrictions.
What size device qualifies?
Up to 1,200 watts maximum output, meeting listing and safety-feature requirements in the definition.
Can an association require insurance or indemnity?
The text allows requiring indemnity for claims from negligent installation, maintenance or use. It does not mention insurance.
Do cities have to allow them?
The reprint bars municipalities from prohibiting use or requiring permits for placement or use, while code requirements for electrical work still apply.
Does this replace the existing solar collector law?
Not in the text we read; that law (N.J.S.A. 45:22A-48.2) addresses rooftop collectors and was not amended by the reprint.
Where This Comes From
We read the Governor's September 1, 2026 press release, the third reprint of S2368, the second reprint of A4836, and the Assembly committee statement on the New Jersey Legislature's bill site, for example S2368 third reprint. We did not locate the signed chapter law.
How APM Helps
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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.
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