What are my rights under California's Solar Rights Act if my HOA is trying to stop me from installing solar panels?

Under California's Solar Rights Act, your HOA cannot prohibit or unreasonably restrict you from installing solar panels on your home. An HOA's restrictions are generally considered unreasonable if they significantly increase the cost or decrease the efficiency of your solar energy system. Here is how to assert your rights: Step 1: Formally Apply to Your HOA Submit a complete written application to your HOA for the solar panel installation. Include all required documents, such as contractor plans, system specifications, and proposed placement. This starts a formal timeline. Step 2: Document Everything Keep a detailed record of every communication with your HOA. Save all emails, send letters via certified mail, and take notes of any phone calls, including the date, time, and person you spoke with. This documentation is critical if a dispute arises. Step 3: Understand the HOA's Deadline Under California Civil Code section 4746, your HOA has 45 days from the date you submit a complete application to grant or deny your request. If they fail to respond within this timeframe, your application is automatically considered approved. Step 4: Review Any Denial Letter If the HOA denies your application, they must do so in writing and explain their specific reasons. Analyze their justification. Under Civil Code section 714, a restriction is void and unenforceable if it increases the total cost of the system by more than $1,000 or decreases its efficiency by more than 10 percent. Step 5: Send a Formal Response If the HOA's denial is unreasonable, send a formal letter back. Cite the Solar Rights Act (Civil Code §§ 714 and 4746) and explain how their denial violates the law by significantly increasing costs or decreasing efficiency. Demand that they approve your application. Important considerations: Your HOA can require you to follow its standard architectural review process and can impose "reasonable restrictions" that do not violate the cost and efficiency rules. For example, they can require you to install panels on a rear-facing roof if it does not significantly impact performance. You are also responsible for any damage the system causes to common areas. Note: While the law is strongly in your favor, dealing with an uncooperative HOA can be challenging. An HOA that violates the Solar Rights Act may be required to pay a civil penalty of up to $1,000 and your attorney's fees if you must take them to court. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney who can review your HOA's governing documents and send a demand letter on your behalf.