More and more homeowners in California are tapping into solar energy to help lower their electricity costs. However, if you’re living in an HOA community, you can’t simply install it without permission. State laws protect a resident’s right to have one, but your HOA needs to know how to balance compliance with the overall community goals.
What are California HOA Solar Panel Rules?
Can an HOA deny solar panels?
In California, Civil Code Section 714 covers HOA solar installation rules your association and board need to know. More specifically, the legislation voids any HOA governing document provisions that would effectively limit or ban the installation or use of solar energy, rendering those provisions unenforceable.
However, this also means your association can still regulate how these solar power-generating systems are installed. This means the HOA still has the power to deny those that fail to satisfy lawful requirements. These cases may include scenarios where the proposal creates a safety issue or the plan doesn’t comply with reasonable architectural conditions.
What HOA Solar Panel Restrictions Are Allowed?
There are still some restrictions that can apply to California HOA solar panel systems. However, for these to be enforceable, they need to remain reasonable and be based on state legislation.
For this, your HOA may require residents to get prior approval for a proposed solar installation. The said plan should also outline the conditions that would make it a point to protect common property.
When creating reasonable restrictions, the HOA may also consider who’s responsible for any damage that may occur during the solar installation. This usually becomes more important when a resident’s solar panels are attached to an element the association maintains.
To preserve curb appeal, certain aesthetic considerations are also part of the approval process. Remember that image alone shouldn’t justify conditions that would steeply increase installation costs. The said aesthetic requirements shouldn’t also impede the system’s efficiency.
HOA Solar Panels on Common Area Roofs
HOA solar panel installations can become more complicated when an owner wants to install equipment on a multifamily common-area roof.
In the state, Civil Code Section 4746 outlines all the additional requirements such projects, as well as the roof, may have to accommodate solar systems for several homeowners.
Here’s what to consider:
Notice to Other Owners
When applying for approval for a solar installation, the resident must first notify other unit owners in the same building. Doing this helps ensure that all residents in the same structure are informed of the plan or proposal.
Liability Insurance
The owner who plans to install the solar energy system should maintain homeowner liability insurance. This requirement would also apply to future unit owners who would take over the property.
As part of the process, the resident needs to provide a certificate of insurance within 14 days after the plan was approved. It also needs to be renewed annually, with the resident also submitting a new certificate every year.
Solar Site Survey
The homeowners association may also require a solar site survey done by a qualified professional. This report must identify the usable solar area. It would also help identify and propose an equitable allocation of the area among the owners of the same roof.
Maintenance and Damage Responsibility
The association can make the unit owner responsible for damages connected to the solar installation. Additionally, they may also be required to maintain the equipment and restore the common element if and when they remove the system.
These responsibilities can be transferred to future homeowners of the unit. Because of this, sellers need to disclose that there’s a solar panel system and inform them of the obligations that come with it.
HOA Solar Installation Approval Process
HOA solar installations can still go through the association’s architectural review process. Here are the steps residents can take :
Step 1: Submit the Application
The first thing homeowners must do is submit their application for approval before the solar installation begins. Usually, that application would include a description of the planned solar energy system. It should have details of where it’s supposed to be installed and the equipment needed.
Step 2: HOA Reviews the Proposed Installation
The association’s ARC committee will then review the proposal. They will need to check for compliance with reasonable HOA rules. After the review, they can ask residents to address potential issues, such as roof protection and maintenance access.
However, when making change suggestions, the HOA should consider whether the revision would significantly affect the system’s costs and performance.
Step 3: HOA Issues a Decision
Under Civil Code Section 714, solar panel installation applications are generally considered approved unless the association denies it. However, that denial should be made in writing within 45 days of receiving the request.
An exception to that timeframe, however, may apply if the delay is connected to a reasonable change or request for additional information.
If the association denies the application, the written decision should identify the reasons for the denial.
California architectural review requirements also require that decisions be made in good faith and in a reasonable manner. Depending on the reasons for the initial denial, a homeowner may have the right to request a review and reconsideration from the board.
Step 4: Obtain Permits and Install the System
Having the HOA approved doesn’t mean the resident doesn’t need government permits. They still need to obtain any permits required by the state, city, or county. They also need to ensure the system to be installed satisfies all the applicable building standards.
Once the necessary approvals are in place, the owner can proceed with the installation according to the approved plans.
Step 5: Follow Ongoing HOA Requirements
A resident’s responsibility for the solar energy system doesn’t end after installation. The homeowner remains responsible for maintaining insurance and handling equipment maintenance.
All expected homeowner responsibilities should be clearly stated during the approval process. It’s important to clarify what obligations the homeowner will have and which ones the association covers.
Properly Promoting Solar Energy
California law provides homeowners with substantial protections when pursuing solar energy. However, it also allows HOAs to address legitimate community concerns through reasonable rules. Board members need to strike a balance between the two.
Optimum provides expert management services to community associations in Southern California. Call us today at (714) 508-907 or contact us online to learn more!
Related Articles:
