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San Leandro, CA Solar Energy: HOA Restrictions (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

State law
Civil Code 714
Efficiency rule
>10% reduction void
Cost rule
>$1,000 increase void
HOA review
45 days max
Ban
Preempted statewide

Summary

California Civil Code 714 Solar Rights Act preempts HOA bans on solar panels. Restrictions that reduce output >10% or cost >$1,000 are void.

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.

(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.

(f) Any entity, other than a public entity, that willfully violates this section shall be liable to the applicant or other party for actual damages occasioned thereby, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000).

Source: CA Civil Code 714View official code

Full Breakdown

The California Solar Rights Act (Civil Code §714) prohibits homeowners' associations and CC&Rs from banning or unreasonably restricting residential solar installations. 'Unreasonable' is statutorily defined as any restriction that decreases the system's efficiency by more than 10% or increases cost by more than $1,000 for solar PV ($2,000 for solar thermal). HOA architectural review must be completed within 45 days. HOAs retain the right to impose reasonable aesthetic conditions that do not meet the unreasonable-restriction threshold. Civil Code §4600 also limits HOA authority over exclusive-use common area modifications.

Frequently Asked Questions

Can my HOA ban solar panels?
No. CA Civil Code §714 preempts outright bans. HOAs can only impose reasonable aesthetic conditions.
What if HOA delays approval?
Approval is deemed granted if HOA does not respond within 45 days of a complete application.

Sources & Official References

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