Civil Code section 714 voids HOA covenants and rules that prohibit or unreasonably restrict residential solar energy systems, preempting private and local restrictions.
California's Solar Rights Act, codified primarily at Civil Code section 714, declares that any covenant, restriction, or condition contained in any deed, contract, or governing document of a common interest development that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable. HOAs may impose reasonable restrictions, defined as those that do not significantly increase cost (over $1,000 for solar water heating or $1,000 for photovoltaic, with some inflation adjustments) or significantly decrease efficiency (more than 10 percent). Civil Code section 714.1 limits associations' ability to require approval for systems on owner-exclusive use areas. AB 634 (2017) further restricts HOA control over solar on common-area roofs of multifamily buildings.
HOA enforcement of void restrictions exposes associations to attorney fee awards under Civil Code 714(f). Owners may seek injunctive relief and damages. Statewide preemption applies regardless of local ordinances.
Fairfield, CA
Residential pools in Fairfield must be enclosed by a barrier between 60 and 72 inches tall with self-closing, self-latching gates that open away from the poo...
Fairfield, CA
Fairfield does not prescribe specific residential fence materials beyond prohibiting barbed wire, razor wire, and electrified fencing in residential zones. C...
Fairfield, CA
Fairfield follows California Civil Code §841, the Good Neighbor Fence Law: adjoining owners are presumed to share equally in the cost of building, maintainin...
Fairfield, CA
Fairfield requires a building permit for fences and freestanding walls over 7 feet tall and for retaining walls over 4 feet measured from the bottom of the f...
Fairfield, CA
Fairfield Municipal Code Section 25.30 caps front-yard fences at 42 inches within 15 feet of the front property line and 7 feet beyond that. Street side yard...
Fairfield, CA
Fairfield Municipal Code does not set a hard numeric cap on dogs or cats per household. Animals must be licensed, vaccinated, and kept in conditions that do ...
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