California Solar Rights Act bars Selma HOAs from banning solar panels. HOA conditions cannot add over $1,000 in cost or cut efficiency by more than 10 percent.
Under California's Solar Rights Act (Civil Code Section 714), homeowner associations in Selma cannot prohibit or unreasonably restrict the installation of solar energy systems on single-family residences. HOAs may require architectural review but must process applications within 45 days of receiving a complete application. Failure to act within that period constitutes automatic approval. Any conditions imposed by the HOA cannot increase total system cost by more than $1,000 or decrease system efficiency by more than 10 percent. CC&Rs that conflict with these state protections are void and unenforceable. AB 2188 further streamlined the local permitting process by requiring cities to provide an expedited online solar permit application. Since Selma has adopted SolarAPP+ for automated solar permitting, the city-level permit process is already streamlined beyond the minimum state requirements. The Solar Rights Act applies to all types of solar energy systems, including rooftop photovoltaic panels, solar thermal systems, and solar water heating systems. Ground-mounted systems on common areas of HOA communities may be subject to different rules than rooftop systems on individual units. HOAs may establish guidelines for panel placement that do not materially affect system performance, such as specifying mounting hardware color. The California Solar Initiative provides rebates and incentives that HOAs cannot interfere with. Selma residents in HOA communities should submit architectural review applications before installation and retain documentation of any HOA-imposed conditions for their records.
HOA provisions that effectively prohibit solar installations are void under state law. Homeowners whose solar applications are wrongfully denied may seek injunctive relief in court. The prevailing party in litigation over solar restrictions may recover attorney fees under Civil Code Section 714(e). HOAs that impose unreasonable restrictions risk liability for the homeowner's actual damages plus attorney fees.
Selma, CA
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