California Statewide Rule

California Solar Rights Act Voids HOA Restrictions

Significant RestrictionsApplies statewide across California (2026)

Key Facts

Governing statute: Civil Code § 714 (Solar Rights Act)
Core rule: Restrictive HOA covenants on solar systems are void
Cost threshold: Restriction unreasonable above $1,000 or 10% cost increase
Approval deadline: Deemed approved if not denied in writing within 45 days
Civil penalty: Up to $1,000 plus actual damages for willful violation
Related statute: Civil Code § 714.1 bars rooftop-solar bans and vote requirements
Last amended: AB 2188, effective January 1, 2015

Last verified: September 1, 2026Source: California Civil Code 714

Summary

California Civil Code section 714 makes any HOA covenant, deed restriction, or governing document provision that effectively prohibits or restricts a solar energy system void and unenforceable. Associations may impose only reasonable restrictions that do not significantly raise cost or cut efficiency. An application not denied in writing within 45 days is automatically deemed approved. Violators face damages, a $1,000 civil penalty, and the losing side pays attorney's fees.

(a) Any covenant, restriction, or condition contained in any deed...or other instrument affecting...real property, and any provision of a governing document...that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable. (b) ...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 that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. (e)(2)(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...in an amount not to exceed one thousand dollars ($1,000). (g) In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney's fees.

Source: California Civil Code 714View official code

Full Breakdown

Civil Code section 714(a) voids any deed covenant, CC&R, or governing-document clause that effectively prohibits or restricts installing or using a solar energy system, covering both homeowners associations and other real-property instruments. Section 714(b) limits HOAs to reasonable restrictions: ones that do not significantly increase system cost or significantly decrease efficiency, or that offer an alternative system of comparable cost and performance. Subdivision (d) defines significantly precisely: for solar water and pool heating systems, more than 10 percent of system cost, capped at $1,000, or an efficiency loss exceeding 10 percent; for photovoltaic systems, more than $1,000 over the originally proposed cost or the same 10 percent efficiency cutoff.

Subdivision (c) still requires the system to meet California Electrical Code standards, Plumbing and Mechanical Code listing-agency certification, IEEE standards, and Underwriters Laboratories testing. Under subdivision (e), an association must process a solar application the same way it processes an architectural modification and cannot willfully delay it; if the HOA does not deny the application in writing within 45 days of receipt, it is deemed approved unless the delay stems from a reasonable request for more information. 1, bars an association from adopting a blanket policy against rooftop solar for household use on an owner's roof or an assigned garage or carport, and bars requiring a membership vote to approve one; either move is void.

Subdivision (h) extends the rule to public entities: a city, county, or special district that fails to comply cannot receive state solar grant or loan funding and cannot exempt its own residents from section 714. The current text reflects the 2014 amendment, AB 2188, Stats. 2014, Chapter 521, effective January 1, 2015, which added the deemed-approval deadline and tightened the cost thresholds.

Violations & Penalties

An association that willfully violates section 714, such as denying a compliant solar application outright or missing the 45-day deemed-approval deadline without a valid request for more information, is liable for the applicant's actual damages plus a civil penalty of up to $1,000. The prevailing party in any enforcement action, whether homeowner or association, recovers reasonable attorney's fees under subdivision (g). A public entity that fails to comply loses eligibility for state solar grant or loan funding under subdivision (h) and cannot exempt its own residents from the statute.

Frequently Asked Questions

Can my HOA ban solar panels entirely?

No. Civil Code section 714(a) makes any covenant or governing-document provision that effectively prohibits or restricts installing a solar energy system void and unenforceable statewide. Section 714.1 goes further for rooftop systems used for household purposes: an association cannot adopt a blanket no-solar policy or require a member vote to approve one. Only reasonable, narrowly tailored restrictions survive under subdivision (b).

How long does my HOA have to approve a solar application?

Under subdivision (e), the association must handle a solar application the same way it handles an architectural-modification request and cannot willfully delay it. If the board does not deny the application in writing within 45 days of receiving it, the application is automatically deemed approved, unless the delay resulted from a reasonable request for additional information.

What restrictions can an HOA still impose on solar panels?

Only restrictions that do not significantly raise cost or cut efficiency. For photovoltaic systems, significantly means more than $1,000 over the originally proposed cost; for solar water or pool heating systems, it means more than 10 percent of system cost, capped at $1,000. Either type also becomes unreasonable if it cuts system efficiency by more than 10 percent, unless the HOA offers a comparable alternative.

What happens if my HOA denies my solar installation anyway?

A non-public entity that willfully violates section 714 owes the homeowner actual damages plus a civil penalty of up to $1,000. Whoever wins an enforcement lawsuit, whether the homeowner or the association, is awarded reasonable attorney's fees under subdivision (g), which makes fighting an unlawful denial financially realistic for owners.

Sources

California Civil Code § 714 (leginfo)

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