Bill Text: NY S07559 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-09 - REFERRED TO JUDICIARY [S07559 Detail]

Download: New_York-2015-S07559-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7559
                    IN SENATE
                                       May 9, 2016
                                       ___________
        Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Judiciary
        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    §  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    § 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    § 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    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00147-01-5