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.
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Lompoc, CA
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