SENATE ECONOMIC GROWTH COMMITTEE

STATEMENT TO

SENATE, No. 2638

STATE OF NEW JERSEY

DATED: MAY 24, 2007

      The Senate Economic Growth Committee reports favorably Senate Bill No. 2638.

      This bill would supplement “The Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419 (C.45:22A-21 et seq.), which concerns planned communities with commonly owned property managed by an association.  The bill would prohibit any association formed for the management of commonly-owned elements and facilities from forbidding the installation of solar collectors on roofs of certain single family dwelling units and townhouse dwelling units.  The bill, however, permits an association to restrict the aggregate size or coverage, or total number of solar collectors in an installation, provided that the implementation of the rules would not inhibit the solar collectors from functioning at their intended maximum efficiency in any installation.  Specifically, under the bill an association could not prohibit solar collectors on:

      A roof of a single family dwelling unit that is solely owned by an individual or individuals, and which roof is not designated as a common element or common property in the governing documents of an association; or

      A roof of a townhouse dwelling unit, defined 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, 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.

      The bill would allow associations to provide certain guidelines for the installation and maintenance of solar collectors on the types of roofs enumerated in the bill.  Those authorized guidelines could cover:

      (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 in an installation, provided that the implementation of the rules would not inhibit of the solar collectors from functioning at their intended maximum efficiency in any installation.

      The bill would prohibit an association from adopting or enforcing any rule related to the installation or maintenance of solar collectors that would increase the solar collectors’ installation or maintenance costs by more than 10 percent of the initial installation cost or that would inhibit the solar collectors from functioning at their intended maximum efficiency.

      As reported by the committee, Senate Bill, No. 2638 is identical to Assembly Bill, No. 2853 (2R) which was also reported by the committee on this date.