California Civil Code 714 (Solar Rights Act) prohibits HOAs and CC&Rs from banning or unreasonably restricting solar panel installation. Restrictions that increase cost by more than $1,000 or reduce efficiency by more than 10 percent are void. HOAs must approve or deny solar applications within 45 days.
California Civil Code 714 (Solar Rights Act) applies to all unincorporated Sacramento County HOA communities. The law voids any CC&R, bylaw, or rule that prohibits or unreasonably restricts the installation or use of a solar energy system. Reasonable restrictions are those that do not significantly increase cost (defined in Civil Code 714 as more than $1,000 over system cost as amended by AB 634/2017, after which restrictions cannot increase cost by more than $1,000 or reduce efficiency by more than 10 percent for PV systems). HOAs may require applications and architectural approval but must process them within 45 days; failure to respond in 45 days equals automatic approval. HOAs may not require owners to obtain HOA approval as a condition of obtaining a permit. AB 634 (2017) further limited HOA power over common-area solar. HOA violations can be challenged in civil court; prevailing homeowners are entitled to attorney fees.
Contact your local code enforcement office for specific penalty information.
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