Fontana, CA Solar Energy: HOA Restrictions (2026)
Key Facts
- Governing Law
- Civil Code 714 (Solar Rights Act)
- Cost Threshold
- $1,000 cost increase
- Performance Threshold
- 10% efficiency loss
- Review Window
- 45 days (Civil Code 714.1)
- Penalty
- Up to $1,000 + fees
Summary
California Civil Code 714 (Solar Rights Act) preempts HOA solar bans in Fontana. HOAs cannot increase cost over $1,000 or cut performance over 10 percent, and must decide applications in 45 days.
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.
(d) For the purposes of this section:
(1) (A) For solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law, “significantly” means an amount exceeding 10 percent of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.
(B) For photovoltaic systems that comply with state and federal law, “significantly” means an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed.
(e) (1) Whenever approval is required for the installation or use of a solar energy system, the application for approval shall be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed.
(2) For an approving entity that is an association, as defined in Section 4080 or 6528, and that is not a public entity, both of the following shall apply:
(A) The approval or denial of an application shall be in writing.
(B) If an application is not denied in writing within 45 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information.
Full Breakdown
California Civil Code Section 714 protects solar energy systems statewide, including in every Fontana HOA. An HOA cannot prohibit solar photovoltaic or solar water heating panels, and any restriction must be reasonable meaning it does not significantly increase cost or decrease performance. Significantly is quantified by statute: increasing system cost by more than $1,000 (Civil Code 714(d)(1)(B)) or decreasing efficiency by more than 10 percent is considered unreasonable. 1 sets a 45-day decision window: an HOA must approve or deny a solar application within 45 days of receipt, or the application is deemed approved.
Aesthetic restrictions such as requiring panels on the rear of the roof are permitted only if they do not trigger the cost or performance thresholds. HOAs may require routine insurance and indemnification but may not impose an extra assessment or fee on the solar owner. Civil Code 4746 added further protection for common-area solar in multi-unit developments. In Fontana master-planned communities such as Park Place, Etiwanda Heights, and Sierra Lakes, the HOA review is usually handled by an architectural review committee under CC and Rs, but state law overrides any stricter private restrictions. Homeowners denied solar approval may sue for actual damages plus civil penalties up to $1,000 and attorney fees under Civil Code 714(f).
Violations & Fines
HOA violations of Civil Code 714 expose the association to actual damages, attorney fees, and civil penalties up to $1,000. Homeowners should file a written application and document timelines.
Frequently Asked Questions
Can my Fontana HOA deny my solar panels?
What if my HOA ignores my solar application?
Sources & Official References
Other rules in Fontana
California rules heatmap·Compare Fontana to another location·View the California solar energy overview
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How other cities in San Bernardino County handle hoa restrictions.