California's Solar Rights Act and AB 2188 protect Costa Mesa homeowners from unreasonable HOA restrictions on solar panel installations. HOAs may impose only reasonable restrictions that do not increase system cost by more than $1,000 or decrease efficiency by more than 10%, and must review applications within 45 days.
California Civil Code Sections 714 and 714.1 (the Solar Rights Act) prohibit HOA CC&Rs from effectively banning solar energy systems. AB 2188 (effective January 1, 2015) strengthened these protections by defining what constitutes a significant restriction. An HOA restriction is considered unreasonable if it increases the cost of the solar energy system by more than $1,000 or decreases its efficiency by more than 10 percent. HOAs must review and approve or deny solar energy system applications within 45 days of submission (reduced from the previous 60-day window). If an HOA fails to respond within 45 days, the application is deemed approved. HOAs may impose reasonable restrictions related to aesthetics as long as they do not significantly impact cost or efficiency. Costa Mesa has adopted an expedited solar permitting process consistent with these state protections. HOAs cannot require homeowners to use specific contractors, require additional insurance beyond what is standard, or impose unreasonable design requirements that would significantly impact system performance or cost. Violations of the Solar Rights Act by an HOA may entitle the homeowner to actual damages, attorney fees, and costs.
HOAs that impose unreasonable restrictions on solar installations may face legal action from homeowners under the Solar Rights Act. Homeowners may recover actual damages plus attorney fees. Contact the California Department of Consumer Affairs or a real estate attorney for enforcement assistance.
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