Santa Clara County, CA Solar Energy: HOA Restrictions (2026)
Key Facts
- Statutes
- Civil Code 714 and 4753
- Cost limit
- 1000 dollars above system
- Efficiency limit
- 10 percent loss
- Approval deadline
- 45 days
- Attorney fees
- Mandatory to prevailing owner
Summary
Santa Clara County HOAs cannot ban solar under Civil Code 714 and 4753. Aesthetic rules adding over 1000 dollars or losing 10 percent efficiency are void. Complete applications deem approved after 45 days.
(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.
Full Breakdown
Civil Code 714 is the Solar Rights Act and voids any covenant, restriction, or condition that effectively prohibits or restricts the installation of a solar energy system. Civil Code 4753 extends the same rule specifically to common interest developments, declaring any provision in CC and Rs, rules, or regulations that prohibits or unreasonably restricts solar installation void and unenforceable. Unreasonable restriction is defined as one that increases the cost of the system by more than 1000 dollars over the system cost as originally specified and proposed, or decreases efficiency by more than 10 percent.
HOAs can impose reasonable aesthetic conditions such as frameless panels, matching inverter enclosures, and wire concealment, so long as those conditions stay within the 1000 dollar and 10 percent thresholds. Approval of a complete application must occur within 45 days or it is deemed approved by operation of law under Civil Code 4753(e). HOAs may require panels on garage roofs rather than primary roofs only if the alternative does not exceed the cost or efficiency thresholds. Architectural review decisions denying or restricting solar are subject to Internal Dispute Resolution under Civil Code 5900 and enforcement actions in Santa Clara County Superior Court with mandatory attorney fees to the prevailing homeowner under 714(f).
Frequently Asked Questions
Can my HOA require me to put panels on the back roof?
What if the HOA ignores my application?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California solar energy overview
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