California Law On Solar Panels And Hoas

Homeowners have a right to solar drying.

California law on solar panels and hoas.

In the state of california the california solar rights act prevents hoas from limiting a person s ability to install solar panels. California established the solar rights act in 1978 which limits the ability of hoas and local governments to prevent the installation of solar panel systems. California is the first state in the country to do so. This particular law includes protections to allow consumer access to sunlight and also limits the ability of homeowner s associations and local government to pass laws or rules preventing the installation of solar energy systems.

In addition all property owners in the golden state enjoy solar easement rights which they can carry out on a case by case basis with their neighbors. However boards may be able to place some restrictions such as the placement of these devices. In the state of california the solar rights act passed in 1978. The california solar mandate is part of an initiative by the california energy commission to have at least 50 of the state s energy produced from clean energy sources by 2030.

By now you might have heard that california passed a law requiring all newly built homes to be equipped with a solar power system. Of course if you live in a home owners association you would still need to notify the association that you were having a solar system installed. The law requires all new homes to have solar panels. As originally enacted civil code 714 and 714 1 already prohibited associations from imposing unreasonable restrictions against the installation of solar energy systems on common areas and on a separate interest owned by another owner.

Secondly california s solar rights act california civil code section 801 established the right of solar homeowners to create an easement on their property to protect their solar panels access to sunlight across the property of their neighbors. In other words your hoa can not prevent you from installing a solar electric system on your property. Neighbors voluntarily sign the easement before it is official. Under civil code 714 1 if a condo owner wants to install solar panels on their own rooftop or adjacent garage or carport hoas can no longer prohibit them or require a member vote for approval.

So long as you comply with reasonable restrictions those are stated in civil code 714 1 and 4746 an hoa cannot arbitrarily deny homeowners seeking to install solar energy systems.