Showing ordinances that apply to Baywood Park, CA
Baywood Park is an unincorporated community (population 1,693) in San Mateo County, California. Because Baywood Park is not an incorporated city, it does not have its own municipal code. Instead, San Mateo County ordinances apply directly to properties here. The hoa restrictions rules below are the ones that govern your area.
California Civil Code §714 (Solar Rights Act) strongly limits HOA authority to restrict solar panels. HOAs in unincorporated San Mateo County (Emerald Hills, West Menlo Park subdivisions) cannot effectively prohibit solar or impose costs over $1,000 or reduce efficiency over 10%.
California's Solar Rights Act (Civil Code §714 and §714.1) preempts HOA restrictions that significantly increase solar installation costs or decrease efficiency. HOAs may NOT ban rooftop solar. They may impose reasonable aesthetic restrictions only if the restrictions do not: (1) increase system cost by more than $1,000, or (2) decrease efficiency by more than 10%. HOAs must approve or deny applications within 45 days; failure to respond constitutes approval. Architectural committees must use objective criteria. CC&Rs that contradict §714 are void and unenforceable. AB 634 (2017) further limited HOA authority over common-area solar installations on multi-unit buildings. Homeowners who prevail in enforcement actions against HOAs may recover attorney's fees under Civil Code §714(f). Ground-mount systems face more HOA discretion than roof-mount.
HOAs imposing unreasonable restrictions: homeowner can sue for injunctive relief, actual damages, civil penalty up to $1,000, and attorney's fees under Civil Code §714(f). HOA 45-day deadline missed: deemed approved. CC&R provisions void as against public policy.
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