by Reggie “Razmataz” Rasmussen

 

 

In the state of California, can the homeowners association prohibit an owner from installing a solar system?

 

If you are the owner of the roof, the answer is…NO. California Civil Code 714 as amended January 2005 states any association having such rules are, “void and unenforceable.” The key is that the solar client must be the sole owner of the property that the system is to be installed. Associations can restrict installations in common areas.

 

A good test is to ask your self this question:

If my roof starts to leak, who will be responsible to fix the problem?

If you the homeowner (not the association) are responsible for fixing a roof leak, then you are the owner of the roof, and the association cannot deny you the right to install a solar electric system on it.

 

Many other states have adapted similar legislation and if you are part of an association and wish to use solar, we recommend that you research the laws in your area. If you are in California and you own your roof, congratulations, the association cannot deny you the opportunity to use clean, renewable energy.

 

For a copy of the law simply click here- California Civil Code 714, 714.1, 65850.5

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