San Bernardino Solar Energy: HOA Restrictions Rules (2026)

California's Solar Rights Act, codified at Civil Code 714 and 714.1, preempts most HOA restrictions on solar energy systems in San Bernardino communities. An HOA covenant that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable. Reasonable restrictions are allowed only if they do not significantly increase the cost of the system or decrease system efficiency. California defines significant under 714(d)(1)(A) as an increase of more than 1,000 dollars over the cost of the system or more than 10 percent in efficiency compared to the proposed design. Civil Code 714.1 permits HOAs to impose specific, reasonable provisions requiring tile match, stealthy array layout, conduit color, or limiting panels to roof slopes not visible from the street only where such provisions do not cross the cost and efficiency thresholds. HOA architectural review of solar must issue a decision within 45 days of submittal or the application is deemed approved (Civil Code 714(e)(2)). Disputes may be resolved through the HOA internal dispute resolution process (Civil Code 5900), alternative dispute resolution (Civil Code 5925), or Superior Court of California, San Bernardino County. Prevailing parties in Solar Rights Act actions are entitled to attorney fees. HOAs cannot require homeowners to maintain solar equipment in common areas. Community solar and shared solar installations are subject to separate rules under Civil Code 4750.10 and the Solar on Multifamily Affordable Housing program.