Examples of states that have enacted solar access rights laws including california utah texas arizona and florida.
Hoa solar panels california.
California established the solar rights act in 1978 which limits the ability of hoas and local governments to prevent the installation of solar panel systems.
The system must meet applicable building codes.
Per civil code 714 1 and 4746 the following guidelines apply.
Members have the right to install solar energy panels on a common area roof of the building in which the owner resides or a garage or carport adjacent to the building that has been assigned to the owner for exclusive use.
California has had the solar rights act since 1978 which has helped encourage the growth of solar in the state and is the basis for many other states protective laws.
The purpose of these laws is to prevent homeowner s associations from banning solar panels and often also prevents them from having contracts that restrict homeowners from installing solar panels on their homes.
Civil code 4600 now states that solar energy system installations are an exception to the rule requiring approval of 67 of members before the hoa can grant exclusive use of any portion of the common area to a member.
Community officials believe solar panels change the pre planned aesthetics and landscape of the neighborhood and generally look out of place.
In the state of california the california solar rights act prevents hoas from limiting a person s ability to install solar panels.
In other words your hoa can not prevent you from installing a solar electric system on your property.
So long as you comply with reasonable restrictions those are stated in civil code 714 1 and 4746 an hoa cannot arbitrarily deny homeowners seeking to install solar energy systems.
A solar energy system also extends the life of the roof by protecting it from harmful ultraviolet rays and inclement weather.
The main concern of hoa boards are that solar panelsmay drastically lower home values especially in cases where only a few homes within a community have panels installed.
This will help condo owners tremendously with solar adoption and its potential for clean energy savings.
How ab 634 changes hoa control over solar installations under the new law hoas no longer have the authority to prohibit solar installations.
It includes protections that limit hoa ability to pass prohibitive laws but allows an hoa to impose reasonable restrictions on solar energy systems.
Thanks to new laws california hoas can t obstruct solar installations on their properties.