Many residents are found to be confused about whether solar panels and hoa rules in California will impact their installing a solar energy system. California, heralding a foray into renewable energy, has actually passed laws that protect the rights of a homeowner to install solar panels while at the same time trying to balance concerns raised by HOAs. In the article, we will discuss the relationship between solar panels and HOA rules in California, complete with a homeowner guide on how to navigate the same.
Understanding HOA Rules and Their Impact
HOAs are boards that carry out the job of maintaining common facilities and setting and enforcing rules for planned communities, condominiums, and others. Such rules are, many times, recorded in the CC&Rs covenants, conditions, and restrictions ranging from the hue of a home’s exterior to decisions about landscaping.
There are, however, some rules and restrictions by an HOA on the installation, including the position of the panels, their appearance, and in some cases the rules of whether the installation of the solar panels is allowed at all. Fortunately, California state laws contain significant homeowner protection when it comes to installing a solar energy system.
California’s Solar Rights Act
In 1978, California passed the Solar Rights Act, which was enacted to promote the development of solar energy. This act limited the right to which HOAs and other local government authorities could interfere with the installation of solar systems. The key provisions are:
Protection Against Unreasonable Restrictions
The HOA shall not impose any restriction that would increase the cost of a solar energy system significantly or decrease the energy production efficiency by more than 10%. This means that some design guidelines can still be maintained, but an HOA cannot make it so cost-prohibitive or inefficient that an owner would not create a solar installation.
Approval Process
The law mandates that a response to both applications to install solar panels may be responded to by an HOA within 45 days. Upon the failure of the HOA to provide a response, the application is deemed accepted. This ensures that any homeowner is not delayed in the process of putting up a solar panel.
Reasonable Restrictions:
Though the Solar Rights Act protects a homeowner from unreasonable restrictions, it does not prevent HOAs from allowing “reasonable” restrictions. For instance, the HOA company will be the one to demand a location of the solar panels to inflict minimal visibility from the street or to maintain certain aesthetic criteria.
Case Studies: Navigating HOA Rules
To illustrate better how the Solar Rights Act takes effect in real-life situations, let’s take a couple of cases that have been announced in California. For example,
Case Study 1: Roof-Mounted Solar Panels
The homeowners of a suburban community want to build front-facing, roof-mounted solar panels for their own homes. The HOA’s CC&Rs required that mechanical equipment should be located out of view from the street; however, the design of the house among several homeowners would result in more than a 10% loss in the efficiency of the system if the rules were to be followed by placing the panels on the rear of the house.
Under the Solar Rights Act, the homeowner was excused from the HOA’s requirement because it would dramatically affect the efficiency of their system. The HOA and house owner agreed upon a front-side placement system installation, but with minimal profile to reduce its view while allowing maximum energy production as well.
Case Study 2: Placement of Solar Panels
For instance, a resident in a gated community wanted to have some ground-mounted solar panels in their backyard. However, the HOA allowed this only if the equipment was hidden from view with landscaping. The homeowner can thereby object by arguing about the extra cost that landscaping will add, making the installation unaffordable financially.
The Solar Rights Act came into play here, too. The HOA could demand some landscaping, but they couldn’t specify so much that it would make the system greatly more expensive. After some negotiating, the homeowner and the HOA agreed to a very small, limited landscaping plan that fulfilled the aesthetic needs without excessively raising the cost.
The Role of Solar Easements
In California, state law may also speak to solar easements, besides the Solar Rights Act. A solar easement is an agreement between property owners that allows one’s solar panel the necessary access to sunlight. This can be important when trees are grown or new construction sheds shade on another’s property, and that shade would begin to fall on an installed solar system.
Solar easements need to be in writing and recorded with the county. They can contain whatever information is relevant, including the height of vegetation, the structures in question, and the portion of the sky that must remain free of obstruction.
HOA Solar Guidelines Homeowners Should Know
Although California law has strong protections for homeowners, those living in HOA communities must be aware of and adhere to guidelines applicable to them when planning to install solar panels. The procedures are listed below, which homeowners should undertake:
CC&Rs Review: Start by reviewing your community’s CC&Rs and see if there are any rules at all on solar. Forewarned is forearmed.
Create and submit a detailed proposal: Make sure that you provide a very comprehensive proposal during the request to the HOA. Your proposal should state the placement of the solar panels, the design, and the estimated efficiency.
Transparency and a well-documented proposal would make it easier for approval.
Be prepared to negotiate: Though the Solar Rights Act prohibits unreasonable restrictions, your HOA may still have some issues or suggestions regarding the installation. Be prepared to reach a solution in negotiating with your HOA, which will make you happy, too, as long as it remains within the law.
Contact a Solar Professional: It can also save you compliance and protection of your rights when you work with a professional solar installer who knows how to handle local HOA rules and state laws.
If you believe your HOA is being absurdly restrictive or is simply dragging its feet in approval for no good reason, you may consider reaching out to a lawyer well-versed in solar rights or property law. They’ll help you assess your legal options and can represent you in the process.
Get a Quote In case you are interested in integrating an inverter with a solar charger into your power system, do not hesitate to contact us today for your custom quote.
Conclusion
Solar panels and HOA rules’ interaction in California is dictated by a mix of state laws and community-specific guidelines. Thanks to California’s strong Solar Rights Act, local homeowners have an easier time adopting solar energy and are not held back by unreasonable HOA restrictions. But it’s very important for any homeowner seeking to adopt solar to understand the rules in his or her community, communicate openly with the HOA, and be willing to negotiate reasonable compromises.
The legal regime in California continues to support the ability for solar power to remain on a growth-disciplinary and impressive path, which enables homeowners to help mold a more sustainable future in balance with their communities. Once property owners understand the effective way to work within the constraints of HOA rules and regulations, they can enjoy the financial and environmental benefits of solar in bringing California closer to its ambitious renewable energy targets.
