California Civil Code 714 (Solar Rights Act) voids HOA rules that significantly increase solar installation cost by over 1,000 dollars or decrease efficiency by over 10 percent.
California Civil Code 714, known as the Solar Rights Act, preempts HOA and CC&R restrictions that prevent solar installation. HOAs cannot prohibit rooftop solar PV or solar water heating; they may impose reasonable aesthetic restrictions only if such restrictions do not significantly increase cost (defined as over 1,000 dollars for solar water heating or over 10 percent of total cost for PV systems) or significantly decrease efficiency (over 10 percent reduction from intended performance). HOAs must approve or deny solar applications within 45 days or the application is deemed approved. Berkeley has relatively few traditional HOAs due to its housing stock, but condominiums and newer developments may be subject to CC&Rs. Berkeley Solar Access Ordinance (BMC 12.60) provides additional local protection against shading. Owners denied HOA approval can seek legal remedies including attorney fee awards.
Contact your local code enforcement office for specific penalty information.
Berkeley, CA
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Berkeley, CA
Berkeley has no municipal ordinance limiting inflatable holiday decorations on private property. HOA architectural rules under the Davis-Stirling Act apply i...
Berkeley, CA
Berkeley has no municipal ordinance limiting holiday lights on private residential property. Restrictions come from HOA architectural rules under the Davis-S...
Berkeley, CA
Permanent outdoor kitchens in Berkeley require building, plumbing, electrical, and/or gas permits under BMC Chapter 19.28 (Building Code) when they include u...
Berkeley, CA
Berkeley treats outdoor smokers as open-flame cooking devices under California Fire Code 308.1.4 as adopted in BMC 19.48. Multifamily balcony setbacks (10 ft...
Berkeley, CA
Berkeley enforces the California Fire Code (CFC) as adopted in BMC Chapter 19.48. CFC 308.1.4 prohibits open-flame cooking on combustible balconies or within...
Side-by-side rule comparisons with other cities in Alameda County.
See how other cities in Alameda County handle hoa restrictions.
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