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LEGISLATIVE UPDATE REGARDING SOLAR PANELS:By Morgen Hardigree | Mar 07 2018
AB 634 (Eggman) Solar System Requirements.
Civil Code §714.1, §4600 & §4746
Chaptered October 15, 2017
Associations cannot establish a general policy prohibiting the installation or use of solar energy systems on the common area roof of the building where the owner resides, or a garage or carport assigned to the owner for exclusive use. (Civil Code §714.1.) Additionally, a vote of the membership is not required to grant exclusive use of common area for such purposes, and associations cannot require approval by a vote of the members as a condition to approval. (Civil Code §4600.)
In connection with reviewing a request to install a solar energy system on a multifamily common area roof shared by more than one homeowner, the association must require:
(1) An applicant to notify each owner of a unit in the building on which the installation will be located; and
(2) The installing owner and each successive owner to maintain a homeowner liability coverage insurance policy at all times and provide the association with the corresponding certificate of insurance within fourteen days of approval of the application and annually thereafter.
AB 634 does allow associations to impose additional reasonable requirements that:
(1) Require the applicant to submit a solar site survey showing, among other things, the placement of the solar energy system prepared by a licensed contractor or the contractor’s registered salesperson knowledgeable in the installation of solar energy systems to determine usable solar roof area; and
(2) Require the installing owner and each successive owner of the solar energy system to be responsible for cost of damage caused by the solar energy system, cost of maintenance repair and replacement of the solar energy system and disclosing to prospective buyers the existence of any solar energy system and the related responsibilities of the owner.
For more information in regards to solar panel installations, and how Optimum can assist to help protect your community, please contact us at www.optimumpm.com.