This text of New York § 342 (Certain covenants, conditions, and restrictions of homeowners' associations prohibited) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 342. Certain covenants, conditions, and restrictions of homeowners'\nassociations prohibited.
1.Definitions. For the purposes of this\nsection:\n (a) "restriction on use" means any covenant, restriction, or condition\ncontained in:\n (i) a deed;\n (ii) a contract;\n (iii) the by-laws of a homeowners' association;\n (iv) any rules or regulations adopted by a homeowners' association;\n (v) a security agreement; or\n (vi) any other instrument affecting the transfer or sale of, or any\ninterest in, real property.\n (b) "solar power system" means a photovoltaic system, comprising of\nsolar electric generating equipment, installed on a rooftop, with a\nrated capacity of not more than twenty-five kilowatts.\n 2. A homeowners' association may not adopt or enforce any rules or\nregula
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§ 342. Certain covenants, conditions, and restrictions of homeowners'\nassociations prohibited. 1. Definitions. For the purposes of this\nsection:\n (a) "restriction on use" means any covenant, restriction, or condition\ncontained in:\n (i) a deed;\n (ii) a contract;\n (iii) the by-laws of a homeowners' association;\n (iv) any rules or regulations adopted by a homeowners' association;\n (v) a security agreement; or\n (vi) any other instrument affecting the transfer or sale of, or any\ninterest in, real property.\n (b) "solar power system" means a photovoltaic system, comprising of\nsolar electric generating equipment, installed on a rooftop, with a\nrated capacity of not more than twenty-five kilowatts.\n 2. A homeowners' association may not adopt or enforce any rules or\nregulations that would effectively prohibit, or impose unreasonable\nlimitations on, the installation or use of a solar power system. A\nrestriction on use which effectively prohibits the installation or use\nof a solar power system is unenforceable and shall be void as contrary\nto public policy. For the purposes of this subdivision, an unreasonable\nlimitation includes, but is not limited to, any restriction on use that:\n (a) inhibits the solar power system from functioning at its intended\nmaximum efficiency; or\n (b) increases the solar power system's installation or maintenance\ncosts by an amount which is estimated to be greater than ten percent of\nthe total cost of the initial installation of the solar power system,\nincluding the costs of labor and equipment.\n 3. Notwithstanding subdivision two of this section, a homeowners'\nassociation may adopt or enforce a restriction on use to prohibit the\ninstallation of a solar power system that is located on property owned\nby the homeowners' association or that is located on property owned in\ncommon by the members of the homeowners' association.\n 4. Any denial of a homeowner's installation of a solar power system by\na homeowners' association must include a detailed description of the\nexact basis for rejection in writing with specific examples of the\nhomeowners' association's concerns, if applicable.\n 5. A solar power system must meet the requirements established by any\nlocal, state or federal law, rule or regulation on health and safety\nstandards and those requirements imposed by state and local permitting\nauthorities.\n