Calif. Civil Code §714.21, 4600, 4746
Added and amended by A. B. 634
Effective date: January 1, 2018

A homeowner’s association (HOA) may not establish a policy prohibiting owners of separate interests in a common interest development (CID) from installing solar energy systems on buildings where they reside, or building-adjacent garages or carports they have been assigned. The HOA may not require a vote of approval by the separate interest owners of the CID for the installation of an individual interest owner’s rooftop solar energy system.

When applying to install a solar energy system on a common area roof, an applicant is to notify the owner of each separate interest owner of the building affected by the application. The owner is to maintain a homeowner liability coverage policy to cover the new installation and provide the HOA with a certificate of insurance within 14 days of approval of the application, and annually thereafter. The insurance requirement also applies to successive owners of the unit benefitting from the solar energy system.

The HOA may require the applicant to submit a solar site survey to determine the usable solar roof area and the allocation of that area among owners sharing the roof. The HOA may also require the owner of the solar energy system to be responsible for all costs associated with the system, including:

  • costs for damage resulting from installation, maintenance, repair, removal or replacement of the system;
  • costs for maintenance, repair and replacement of the system; and
  • costs for the restoration of common areas or separate interests after the system has been removed.

The owner is responsible for disclosing the existence of the system to prospective buyers.

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