Homeowner association restrictions on rooftop solar in unincorporated Contra Costa County are governed by California Civil Code 714 (Solar Rights Act). HOAs cannot effectively prohibit or significantly limit residential solar installations.
California Civil Code 714 (the Solar Rights Act) supersedes any homeowner association (HOA), common interest development, or CC&R provision that effectively prohibits or restricts the installation of a solar energy system on a homeowner's property in unincorporated Contra Costa County (and statewide). HOAs may impose reasonable aesthetic restrictions only if those restrictions do not significantly increase system cost (more than $1,000 above specified thresholds) or decrease efficiency by more than 10 percent of the originally intended system. Civil Code 714.1 further restricts HOA ability to require location changes that would reduce performance. SB 2021 (and subsequent amendments) updated the financial thresholds. HOA architectural review of solar must be completed within 45 days or is deemed approved. HOAs cannot ban panels visible from the street or require panels only on less productive roof faces if that reduces output beyond the 10 percent threshold. An HOA that violates these rules can be liable for a civil penalty of up to $1,000 plus actual damages and attorneys' fees. The Solar Rights Act also applies to solar water heating (thermal) systems. These state protections are generally considered among the strongest HOA solar rights in the country. Homeowners in dispute with an HOA should document the system design impact and consult California Department of Real Estate or legal counsel.
Contact your local code enforcement office for specific penalty information.
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