SB 522 (Glazer). Common interest developments: solar energy.

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: Dead

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.

This bill would amend Civil Code Section 714 to require that, if the approval of the architectural modification requires a membership vote, only the percentage of the votes cast shall be counted to determine approval.

**UPDATE: On September 12, 2017, the proposed text of SB 522 was gutted and amended to become a special statute for the West Contra Costa Health Care District. This bill no longer applies to common interest developments:

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances related to the operation and fiscal status of the West Contra Costa Healthcare District in the County of Contra Costa.

To read the current text of SB 522, click here to the view the bill’s page on the California Legislature’s website. FindHOALaw will continue to track SB 522 as it progresses through the Legislature.