Solar Rights

The California Solar Rights Act, codified in Civil Code Section 714 and referenced in Civil Code Section 714.1 for common interest developments, protects homeowners' rights to install solar energy systems on their property and strictly limits an HOA's ability to restrict solar installations. Under the Act, any CC&R provision or architectural guideline that effectively prohibits or unreasonably restricts the installation or use of a solar energy system is void and unenforceable. The law defines an unreasonable restriction as one that significantly increases the cost of the system or significantly decreases its efficiency or performance. Specifically, any restriction that increases the cost of the system by more than $1,000 above the original projected cost, or decreases the efficiency of the system by more than 10%, is presumed unreasonable. The burden of proof falls on the association to demonstrate that its restrictions are reasonable. HOAs may impose reasonable aesthetic requirements — such as specifying that panels be placed in a manner that minimizes visual impact from the street — but only if those requirements do not trigger the cost or efficiency thresholds. The Act applies to all types of solar energy systems, including photovoltaic panels for electricity generation, solar thermal systems for water heating, and solar pool heating systems. For condominium owners, the right to install solar is more limited because it typically applies to areas within the owner's exclusive use (such as a roof over a single unit) and does not automatically extend to shared common area rooftops. Board members should review their architectural guidelines to ensure solar-related provisions comply with the Act and train architectural review committees to apply the reasonableness standard correctly.