Santa Clara County, CA Solar Energy: HOA Restrictions (2026)

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).