The push for renewable energy in California has seen many homeowners but do homeowners associations in california prohibit solar panels? Some residents living in communities with homeowners’ associations may have a question arise: Can their HOA prohibit or restrict the installation of solar panels on their property? The article will further detail the HOA-solar panel legal framework in California, where homeowners’ rights override the restrictions set by HOAs.
California’s Solar Rights Act: Preserving Your Right to Solar Access
Everybody knows that California is an environmentally conscious state, and one major law that shields the adoption of solar energy is the California Solar Rights Act. This legislation was passed in 1978 and, with time, has been revised to secure the right of a landowner or homeowner to install solar energy systems on their premises. The act restricts the power of HOAs and other governing bodies to implement any prohibitive restrictions and limitations on the installation of a large number of solar panels.
The Act prohibits homeowners’ associations from enforcing any rules or covenants that have the effect of preventing a homeowner from installing a solar energy system. The point is, that any HOA guideline unreasonably restricting the use of solar panels is likely invalid. For instance, an outright prohibition of solar panels is clearly not permissible, but neither are restrictions that would make the installation so expensive or cumbersome as to become impractical for the homeowner.
Reasonable Restrictions: What HOAs Can Regulate
The California Solar Rights Act does much to protect homeowners but does allow for the preservation of “reasonable restrictions” on the installation of solar panels. That means HOAs cannot flatly prohibit solar installation, but they can impose certain guidelines ensuring the installation is completed in a way that is not aesthetically offensive and harmful to the community.
Such reasonable restrictions include conditions for siding of the solar panels, such as requiring the units to be located and oriented where the view from the street is minimized or siding with some architectural standards. However, any such restriction that is imposed by the HOA shall not increase the cost by more than 10 percent or decrease the performance by more than 10 percent. An unreasonable restriction might be one that increases the cost of a solar energy system by over $1,000 or decreases its efficiency by over 10%.
For example, if an HOA insists that the solar panels be mounted on the rear side of the house since they have a requirement to keep their community aesthetic, but doing so decreases the energy produced by the system by 20%, that kind of restriction would almost certainly be unreasonable under California law.
Legal Recourse for Homeowners
Homeowners who believe that an unreasonable restriction to solar panel installation has been placed on their property by the HOA have some options of recourse open to them. Specifically, the homeowners may discuss with the HOA the specific restrictions and try to come to a mutually agreeable compromise that is going to allow them to have solar panels. Often, a mutually agreeable solution is reached through open communication.
If these talks fail to yield a mutually agreeable solution, it provides a right to civil action. Using the Solar Rights Act, homeowners are allowed to file a civil lawsuit against the HOA. The court may require that an HOA permit the installation if it feels that their restrictions are unreasonable and may also award attorney costs and other related expenses to the homeowner.
The Role of Solar Easements
Apart from the Solar Rights Act, solar easements are also of assistance to some homeowners. A solar easement is, in reality, a legal document that safeguards the right of every homeowner to obtain sunlight; that right is very important to the operation of the panels used in solar technology. In reality, these easements could stop neighbors or the HOA from making changes, such as planting trees or constructing buildings, that block sunlight from getting to the solar panels.
Homeowners that are worried about solar easements should work together with an attorney to draw a contract outlining the terms and conditions for the purpose of being able to secure their right to sunlight.
Easier Public Acceptance of Solar Panels
Today, HOAs are open to the idea of installing solar panels, since solar is popular. With the rise of interest in solar power, many HOAs are much more open to having solar panels installed these days. Some HOAs have even amended their governing documents to include support for renewable energy. This is part of a larger trend in California and the rest of the country toward recognition of the benefits of solar energy first for individual single-family home owners, then for communities at large.
HOAs that maintain solar energy practices increase property values, lower the overall energy costs for residents, and support environmental sustainability. Besides, the advancement of solar technology is making panels more beautiful. There are options like solar shingles, which do not even show themselves, blending with the traditional roofing materials.
Conclusion
In California, homeowners are deeply supported by a strong law in the right to install solar panels, and this is credited to the Solar Rights Act among other supportive legislation in place. Of course, homeowners’ associations have a say in what is reasonable concerning placement and appearance, but they cannot ban them or make their installation too expensive or difficult.
For homeowners who are having a problem with their HOA, the most important things to be done are to know their legal rights and engage in constructive dialogue. Guided by growing acceptance of solar energy and a clear legal framework, homeowners associations can well align their role with the installation of solar panels for the benefit of the individual and community.
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FAQs
Can my HOA completely ban solar panels?
No, under the California Solar Rights Act, HOAs cannot prohibit the installation of solar panels, although they can impose reasonable restrictions.
What are reasonable restrictions an HOA can impose?
Reasonable restrictions are those that do not create a major increase in cost or decrease in efficiency to the solar energy system, like rules about placement or aesthetic standards.
How do I handle an unreasonable restriction by my HOA on my solar installation?
Try to work out the problem with your HOA. If you can’t, you have to sue under the Solar Rights Act.