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

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Key Facts

Statute: Civil Code 714, 714.1
HOA bans: Void and unenforceable
Cost cap on rules: $1,000 increase max
Attorney fees: Available to owners

California state rule: San Rafael does not have a local ordinance for hoa restrictions. This topic is governed by California state law and applies uniformly across the state.

Summary

Civil Code section 714 voids HOA covenants and rules that prohibit or unreasonably restrict residential solar energy systems, preempting private and local restrictions.

Full Breakdown

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.

Violations & Fines

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.

Frequently Asked Questions

Can my HOA prohibit me from installing solar panels?

No. Civil Code section 714 voids any covenant or rule that effectively prohibits a residential solar system. HOAs may only impose reasonable restrictions that do not significantly raise cost or reduce efficiency.

Does this apply to condominiums and townhomes?

Yes. The Solar Rights Act applies to common interest developments. AB 634 specifically protects rights to install solar on multifamily common-area roofs subject to specific procedural rules.

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

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