HOAs in Sunnyvale cannot prohibit rooftop solar under California Civil Code 714 (Solar Rights Act). Reasonable aesthetic rules are allowed only if they do not significantly reduce performance or raise cost.
California Civil Code 714, the Solar Rights Act, preempts HOA rules that prohibit or materially restrict solar energy systems on owner-occupied property. An HOA may adopt reasonable architectural guidelines, but any restriction that increases system cost by more than about $1,000 or decreases output by more than roughly 10 percent is considered unreasonable and void. Civil Code 714.1 further limits what HOAs can impose on common-area shared solar for townhomes and condos. Sunnyvale does not add stricter rules. An HOA has 45 days to approve a complete solar application, after which it is deemed approved. Owners who believe their HOA is violating 714 can file complaints with the HOA board, seek mediation, or pursue civil enforcement including attorneys' fees if they prevail.
Contact your local code enforcement office for specific penalty information.
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