HOA approval · Solar panels
HOA approval for solar panels
Solar is the project with the strongest legal backing and the most paperwork. Both facts work in your favour when the application is complete.
What the committee looks at
- Which roof faces the array uses, and whether it is visible from the street
- Panel and frame color, and whether rails and flashing match the roof
- Any conduit running on an exterior wall
- Ground-mount location, screening, and setbacks
What to submit
Most associations ask for these before they will review a solar panels application:
- Plan set
- Manufacturer spec sheet
- Elevation or roof layout
- Contractor license
Frequently requested as well:
- Shade report
- Permit package
- Site plan showing the location on the lot
- Certificate of insurance
Details you will be asked for
- System size (kW) · usually required
- Number of panels · usually required
- Mounting — Roof, Ground, Carport · usually required
- Roof faces used
- Visible from the street
- Panel and frame color
- Any exterior conduit
The statute does a lot of the work
In California, a rule that effectively prohibits a solar energy system is void, and the association has a written-decision deadline. Cite it once, politely, in the cover note — and let the completeness of the package do the rest.
Aesthetic conditions are where applications stall
Black-on-black modules, interior conduit runs, and a layout drawing that shows the array against the roof edges resolve most committee objections before they are raised.
What the law says in California
Cal. Civ. Code § 714
California law (Civil Code § 714) makes any HOA rule that effectively prohibits a solar energy system void.
A covenant that effectively prohibits or restricts installation of a solar energy system is void and unenforceable.
Read the statuteCal. Civ. Code § 714(e)(2)(B)
Your HOA has 45 days from receiving a solar application to approve or deny it in writing. If they don't, California law (Civil Code § 714) deems it approved — unless they reasonably asked for more information.
An association must approve or deny a solar application in writing within 45 days of receipt; otherwise it is deemed approved, unless the delay results from a reasonable request for additional information.
Read the statuteCal. Civ. Code § 714(d)(1)(A) (as amended by AB 2188, 2014)
An HOA can ask for reasonable changes, but not ones that add more than $1,000 to the cost of your solar system (Civil Code § 714, as amended by AB 2188).
A restriction is not 'reasonable' if it increases the cost of the solar energy system by more than $1,000.
Read the statuteCal. Civ. Code § 714(d)(1)(A) (as amended by AB 2188, 2014)
An HOA can't require changes that cut your solar system's performance by more than 10% (Civil Code § 714, as amended by AB 2188).
A restriction is not 'reasonable' if it decreases the efficiency or specified performance of the system by more than 10%.
Read the statuteCal. Civ. Code § 714(f)
An HOA that willfully violates California's Solar Rights Act can owe actual damages plus a civil penalty of up to $1,000 (Civil Code § 714(f)).
An entity other than a public entity that willfully violates § 714 is liable for actual damages and a civil penalty up to $1,000.
Read the statuteCal. Civ. Code § 4600 et seq. (AB 634, 2017)
Your HOA cannot make you win a membership vote to put solar on your own roof (AB 634, 2017).
An association may not require a vote of the members to approve installation of a rooftop solar energy system, and may not adopt a policy prohibiting rooftop solar for household purposes on the roof of the building in which the owner resides.
Read the statuteCommon questions
- Do I need HOA approval for solar panels?
- In most associations, yes — any change to the exterior of your home or lot usually needs architectural approval before work starts. Your association's guidelines say which changes are covered, and it has to give members that notice annually.
- What documents does an HOA need for solar panels?
- Most committees ask for: plan set, manufacturer spec sheet, elevation or roof layout, contractor license. Some also ask for shade report, permit package, site plan showing the location on the lot, certificate of insurance.
- How long does approval take?
- It depends on the association and the project. Some project types have a statutory written-decision deadline; for everything else the association's own procedure sets the maximum response time, and it must publish it.
- What happens if I start work without approval?
- An association can normally require the work to be corrected or removed and can fine the owner. It is far cheaper to submit first, even when the project seems obviously acceptable.