(a) Notwithstanding Section 714, an association may impose reasonable provisions that:
(1) Restrict the installation of solar energy systems in common areas to those systems approved by the association.
(2) Require the owner of a separate interest to obtain the approval of the association for the installation of a solar energy system in a separate interest owned by another.
(3) Provide for the maintenance, repair, or replacement of roofs or other building components.
(4) Require installers of solar energy systems to indemnify or reimburse the association or its members for loss or damage caused by the installation, maintenance, or use of the solar energy system.
(b) An association shall not:
(1) Establish a general policy prohibiting the installation or use of a rooftop solar energy system for household purposes on the roof of the building in which the owner resides, or a garage or carport adjacent to the building that has been assigned to the owner for exclusive use.
(2) Require approval by a vote of members owning separate interests in the common interest development, including that specified by Section 4600, for installation of a solar energy system for household purposes on the roof of the building in which the owner resides, or a garage or carport adjacent to the building that has been assigned to the owner for exclusive use.
An action by an association that contravenes paragraph (1) or (2) shall be void and unenforceable.
(c) For purposes of this section:
(1) “Association” has the same meaning as defined in Section 4080 or 6528.
(2) “Common area” has the same meaning as defined in Section 4095 or 6532.
(3) “Separate interest” has the same meaning as defined in Section 4185 or 6564.
- Civil Code Section 4746. Solar Energy Systems on Common Area Roofs.
- AB 634 (Eggman). Real property: solar energy systems.
- SB 522 (Glazer). Common interest developments: solar energy.
- Civil Code Section 714. Restrictions on Solar Energy Systems.
- Civil Code Section 801.5. Solar Energy Systems; Easement Rights.
- Civil Code Section 4095. “Common Area” Defined.
- Civil Code Section 4080. “Association” Defined.
Related Case Law
- Tesoro del Valle Master Homeowners Assn. v. Griffin
(2011) 200 Cal.App.4th 619
[Architectural Control; Solar Energy] An association may consider aesthetic impacts in connection with reviewing and approving an owner’s application for a proposed solar energy system.