Would permit an owner to install a rooftop solar system on a common area roof without a vote of the membership.
Current Status: Chaptered
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 add Civil Code Section 4746 to require that the approval process to install solar panels on a common area roof 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 a requirement that the owner and each successive owner annually provide evidence of liability insurance. This bill would 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, or an exclusive use garage or carport adjacent to the unit. This bill would also amend Civil Code Section 4600 to provide that an association may not require approval of the membership to grant exclusive use of the common area to a member for the installation of a solar energy system.
**UPDATE: AB 634 was signed by the Governor on October 16, 2017. Its changes to the law will become operative on January 1, 2018.
from the California Legislature's website
- Civil Code Section 4746. Solar Energy Systems on Common Area Roofs.
- Civil Code Section 714.1. Reasonable Restrictions on Solar Energy.
- Civil Code Section 714. Restrictions on Solar Energy Systems.
- Civil Code Section 801.5. Solar Energy Systems; Easement Rights.
- Civil Code Section 4600. Grant of Exclusive Use of Common Area.