California Civil Code 714 (Solar Rights Act) protects Concord homeowners from HOA bans on solar panels. HOA restrictions that increase system cost by more than $1,000 or reduce efficiency by more than 10% are void and unenforceable.
California Civil Code Section 714, commonly known as the Solar Rights Act, preempts HOA and CC&R restrictions on residential solar energy systems statewide, including throughout Concord. The statute makes void and unenforceable any provision of a governing document that effectively prohibits or restricts the installation of a solar energy system. HOAs may impose reasonable restrictions - defined in the statute as those that do not significantly increase the cost of the system or significantly decrease its efficiency. Specifically, for solar water heating systems the threshold is a $1,000 cost increase or 10% efficiency reduction; for solar PV systems the threshold is a $1,000 or 10% cost increase and 10% efficiency reduction. Amendments via AB 634 (2017) prohibit HOAs from requiring 100% owner approval for common-area solar. Civil Code 4600 further addresses installations on common or exclusive-use common-area roofs in condominium buildings. HOAs must approve or disapprove an application within 45 days; failure to respond constitutes approval. Homeowners facing HOA denial may recover attorney fees and a $1,000 civil penalty if the denial violates Civil Code 714. Concord has numerous HOA-governed communities (including portions of Crystyl Ranch, Turtle Creek, and Dana Estates) where these rights frequently apply.
Contact your local code enforcement office for specific penalty information.
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