If an architectural application for rooftop solar installation requires a vote of the membership for approval, only the percentage of the votes submitted shall be counted. Failure to submit a vote shall not be counted as a “no” vote.
Current Status: Pending
FindHOALaw Quick Summary:
Existing law prohibits any provision of the governing documents from effectively prohibiting or restricting the installation or use of a solar energy system. However, associations may impose reasonable restrictions that do not significantly increase the cost of the system, or significantly decrease its performance. Whenever approval is required for the installation of a solar energy system, the application must be processed and approved in the same manner as an architectural modification. The approval or denial of the application must be in writing, and if not denied in writing within 45 days of its receipt, the application must be deemed approved.
This bill would amend Civil Code Section 714 to require that the approval process include a requirement that an applicant notify each owner of units within the building on which the solar panels are to be installed of the application and to ensure equal allocation of usable solar space. This bill would also amend Civil Code Section 714.1 to specify that an association may not prohibit the installation of a solar energy system on the common area roof of the building in which the owner resides, and may not require approval of the membership in those circumstances.
**UPDATE: On May 4, 2017, the proposed text of AB 634 was amended to specify that an association may not establish a policy prohibiting the installation of solar panels on a common area roof, and to exempt the installation of solar panels on a common area roof from the vote requirement for granting of exclusive use common area:
To read the current text of AB 634, click here to the view the bill’s page on the California Legislature’s website. FindHOALaw will continue to track AB 634 as it progresses through the Legislature.
from the California Legislature's website