Fresno County, CA Solar Energy: HOA Restrictions (2026)
Key Facts
- State Law
- CA Civil §714
- HOA Ban
- Prohibited
- Cost Threshold
- >$1,000 / 10%
- Efficiency Threshold
- >10% reduction
- Enforcement
- Private lawsuit
Summary
CA Civil Code §714 (Solar Rights Act) prohibits HOAs from unreasonably restricting solar installations. Restrictions that increase cost >10% or reduce efficiency >10% are unenforceable.
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, as defined in Section 4150 or 6552, that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable.
(b) This section does not apply to provisions that impose reasonable restrictions on solar energy systems. However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly, reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
(d) For the purposes of this section:
(1) (A) For solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law, "significantly" means an amount exceeding 10 percent 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, as originally specified and proposed.
(B) For photovoltaic systems that comply with state and federal law, "significantly" means an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed.
(f) Any entity, other than a public entity, that willfully violates this section shall be liable to the applicant or other party for actual damages occasioned thereby, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000).
Full Breakdown
CA Solar Rights Act preempts HOA CC&Rs that ban or unreasonably restrict solar energy systems. Civil Code §714.1 allows reasonable aesthetic restrictions only if they don't significantly increase cost ($1,000 or 10%) or decrease efficiency (>10%). HOAs cannot require removal for roof repairs without offering solutions. AB 2188 streamlines residential permitting.
Frequently Asked Questions
Can a Fresno County HOA prohibit solar panels?
What HOA restrictions on solar are still allowed in California?
Can my HOA make me remove solar panels for roof repairs?
Sources & Official References
Other rules in Fresno County
California rules heatmap·Compare Fresno County to another location·View the California solar energy overview
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