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NJ’s New “Balcony Solar” Law
By September 9, 2026 Posted in Community Association Law Share
On September 1, 2026, the Garden State Balcony Solar Act (S2368/A4836) (the “Act”) was signed by Governor Mikie Sherrill, removing unnecessary restrictions that will allow New Jerseyans to purchase and use portable, plug-in solar panels to generate clean energy and lower electricity costs.
The term “Balcony Solar” generally refers to small, portable solar devices that can be installed on balconies, patios, terraces, or other areas and connected through a standard outlet. Under this new law, qualifying systems are generally limited to 1,200 watts and must meet specified electrical and safety standards. These devices, as well as the microinverter/adapter, are readily available for purchase online and in local home improvement stores. The law exempts qualifying plug-in solar devices of up to 1,200 watts from utility interconnection and metering requirements, including certain fees, approvals, and equipment mandates.
This Act prevents landlords, homeowner associations, and similar organizations from prohibiting the use of these devices and bars municipalities from prohibiting them or requiring permits for their use. A condominium association or HOA generally cannot enforce a provision in its governing documents that prohibits an owner or tenant from using one of these devices or placing them on the outside of the premises. The Act also requires Unit Owners/tenants to provide written notice to the Association and/or landlord, if applicable, with their intent to use a portable solar generator. However, condo Boards or HOA Boards may still adopt reasonable restrictions via resolution or amendment to governing documents regarding the size, placement, and manner of placement of such devices.
Associations should consider rules addressing safe installation, placement, protection of the common elements, compliance with applicable ordinances, codes, and requirements, responsibility for damage, insurance requirements, and removal and restoration requirements. The Act also explicitly permits Associations and landlords to require residents to indemnify them against certain claims or damages arising form negligent installation, similar to those requirements mandated by law in New Jersey for Electric Vehicle Charging Station installations.
Although the Act was signed on September 1st, it will take affect six (6) months after the enactment date, providing time for communities to prepare and start considering the implications or how to regulate such devices in their communities. Boards should consider adopting a specific portable solar policy addressing these devices specifically, including safety requirements, to ensure cooperation and standardization throughout the community.
The main premise of the Act is the following: New Jersey condominium associations, communities, homeowners’ associations, and apartments will still have the ability to regulate the installation and use of portable solar devices but will no longer be able to prohibit them outright.
The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.