San Mateo County, CA Solar Energy: HOA Restrictions (2026)
Key Facts
- State Law
- Civil Code §714
- Cost Limit
- $1,000 max HOA imposition
- Efficiency Limit
- 10% max reduction
- Response
- 45 days or deemed approved
- Penalty
- Up to $1,000 + fees
Summary
California Civil Code §714 (Solar Rights Act) strongly limits HOA authority to restrict solar panels. HOAs in unincorporated San Mateo County (Emerald Hills, West Menlo Park subdivisions) cannot effectively prohibit solar or impose costs over $1,000 or reduce efficiency over 10%.
714. (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. Accordingly, reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
(c) (1) A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Section 65850.5 of the Government Code.
Full Breakdown
California's Solar Rights Act (Civil Code §714 and §714.1) preempts HOA restrictions that significantly increase solar installation costs or decrease efficiency. HOAs may NOT ban rooftop solar. They may impose reasonable aesthetic restrictions only if the restrictions do not: (1) increase system cost by more than $1,000, or (2) decrease efficiency by more than 10%. HOAs must approve or deny applications within 45 days; failure to respond constitutes approval. Architectural committees must use objective criteria. CC&Rs that contradict §714 are void and unenforceable. AB 634 (2017) further limited HOA authority over common-area solar installations on multi-unit buildings. Homeowners who prevail in enforcement actions against HOAs may recover attorney's fees under Civil Code §714(f). Ground-mount systems face more HOA discretion than roof-mount.
Violations & Fines
HOAs imposing unreasonable restrictions: homeowner can sue for injunctive relief, actual damages, civil penalty up to $1,000, and attorney's fees under Civil Code §714(f). HOA 45-day deadline missed: deemed approved. CC&R provisions void as against public policy.
Frequently Asked Questions
What are typical penalties for violating hoa restrictions rules?
Sources & Official References
Other rules in San Mateo County
California rules heatmap·Compare San Mateo County to another location·View the California solar energy overview
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