Bill Text: NY A08283 | 2013-2014 | General Assembly | Amended

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Bill Title: Authorizes the installation of solar energy systems on individual condominium units.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-18 - print number 8283a [A08283 Detail]

Download: New_York-2013-A08283-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8283--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   November 20, 2013
                                      ___________
       Introduced  by M. of A. GALEF -- read once and referred to the Committee
         on Housing -- recommitted to the Committee on  Housing  in  accordance
         with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the real property  law,  in  relation  to  solar  energy
         systems on condominium units
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The real property law is amended by adding  a  new  section
    2  339-ll to read as follows:
    3    S  339-LL.  INSTALLATION  OF  SOLAR  ENERGY  SYSTEM ON INDIVIDUAL UNIT
    4  ROOFS. 1. FOR THE PURPOSES OF THE INSTALLATION OF SOLAR ENERGY SYSTEM ON
    5  INDIVIDUAL UNIT ROOFS, A ROOF SHALL NOT BE CONSIDERED A  COMMON  ELEMENT
    6  PURSUANT  TO PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION THREE HUNDRED
    7  THIRTY-NINE-E OF THIS ARTICLE.
    8    2. ANY UNIT OWNER SHALL HAVE THE RIGHT TO INSTALL SOLAR ENERGY  SYSTEM
    9  ON  HIS  OR  HER INDIVIDUAL UNIT ROOFS EXCEPT WHERE IT POSES A THREAT TO
   10  PUBLIC HEALTH OR SAFETY.  PRIOR TO ANY INSTALLATION, THE GOVERNING BOARD
   11  OF MANAGERS OF THE CONDOMINIUM BOARD SHALL BE CONSULTED  AS  PART  OF  A
   12  REVIEW  PROCESS.  SUCH UNIT OWNER SHALL BE RESPONSIBLE FOR THE INSTALLA-
   13  TION, MAINTENANCE AND REMOVAL OF THE SOLAR ENERGY SYSTEM, AS WELL AS ANY
   14  DAMAGES INCURRED BY A PERSON AS A RESULT OF SUCH  SOLAR  ENERGY  SYSTEM.
   15  ALL  OTHER  UNIT OWNERS SHALL BE HELD HARMLESS FOR ANY DAMAGES CAUSED BY
   16  THE INSTALLATION OF SUCH SOLAR ENERGY SYSTEM.
   17    S 2. Section 339-k of the real property law, as added by chapter 82 of
   18  the laws of 1964, is amended to read as follows:
   19    S 339-k. Certain work prohibited. No unit  owner  shall  do  any  work
   20  which  would  jeopardize the soundness or safety of the property, reduce
   21  the value thereof or impair any easement or hereditament,  nor  may  any
   22  unit  owner  add any material structure or excavate any additional base-
   23  ment or cellar, without in every such case the consent of all  the  unit
   24  owners  affected  being first obtained.  THIS SECTION SHALL NOT APPLY TO
   25  THE INSTALLATION OF SOLAR ENERGY SYSTEMS.
   26    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11773-02-4