Civil code 4600 now states that solar energy system installations are an exception to the rule requiring approval of 67 of members before the hoa can grant exclusive use of any portion of the common area to a member.
California law solar panels hoa.
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.
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.
Here is quick summary of the law.
Thanks to new laws california hoas can t obstruct solar installations on their properties.
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.
For solar water heating systems associations cannot impose requirements that will increase by an amount exceeding 10 percent 10 of the cost of the system but in no case more than one thousand dollars 1 000 or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent 10 as originally specified and proposed.
Click to print opens in new window 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.
Under the new law hoas cannot prohibit solar installations.
The california civil code 714 provides the following.
Earlier this month california became the first state to require all new homes to have solar power.
The mandate which comes from the california energy commission cec will take effect in 2020 making solar power even more common in a state that already boasts about half the country s solar generating capacity.
This will help condo owners tremendously with solar adoption and its potential for clean energy savings.
Neighbors voluntarily sign the easement before it is official.
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.
The california statutes see excerpt below is a relatively simple and straight forward law designed to make it much easier for residents of california to harness the benefits of solar energy through the installation of solar panels.
By now you might have heard that california passed a law requiring all newly built homes to be equipped with a solar power system.
Remove hoa control over solar installations.
Therefore owners are no longer are required to obtain membership approval of 67.
If a condo owner wants to install solar panels on their own rooftop adjacent garage or carport hoas can no longer prohibit them or require a member vote for.
Code 714 solar water heating.