Can an HOA Stop You From Going Solar in California?

For almost every California homeowner, no — and the protection comes from state law, not from the HOA’s own documents. Civil Code §714 makes void and unenforceable any covenant, restriction or condition in a deed, contract or other instrument, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a solar energy system. It also states the policy behind it: the state is to “promote and encourage the use of solar energy systems and to remove obstacles thereto” (§714). A “no solar” line in older CC&Rs cannot be enforced, even if it is still printed in them. What remains is the association’s power to set reasonable restrictions — which is where real disputes happen.

Reasonable restrictions are those that “do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.” For a photovoltaic system the statute defines “significantly” as “an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed.” The wording is awkward; it is generally read as a $1,000 limit on the extra cost a rule may impose. Solar water and pool heating have a different cost test: more than 10% of the system’s cost, capped at $1,000 (§714(d)).

Both tests measure against the system as originally specified and proposed. That is why a written design matters: with the layout, equipment and production estimate on paper, you can price an HOA’s requested change and show whether it crosses either line.

§714 removes HOA prohibitions, not safety rules: a system must meet the health and safety requirements of state and local permitting authorities, and a PV system must also meet the standards of the California Electrical Code, IEEE and testing laboratories such as UL (§714(c)). The city side has its own limits: a city or county must approve solar administratively through a building permit or similar nondiscretionary permit, review is limited to health and safety, the Legislature lists design review for aesthetic purposes among the barriers local agencies should not create, and a city may not make its permit conditional on your HOA’s approval (Government Code §65850.5). In the City of Los Angeles every PV system needs an LADBS electrical permit, plus a building permit unless a rooftop array meets one of the bulletin’s exemptions (LADBS; see solar permits in Los Angeles). HOA approval, the city permit and the utility’s permission to operate are separate sign-offs (permit-to-PTO timeline).

When the system goes on a multifamily common-area roof shared by more than one homeowner, §4746 — part of the Davis-Stirling Common Interest Development Act — adds its own rules. The association must require the applicant to notify every unit owner in the building, and require the owner and each later owner to keep homeowner liability coverage, with a certificate to the association within 14 days of approval and every year after. It may also require a solar site survey by a licensed contractor or its registered salesperson that maps the usable roof and equitably allocates it among the owners who share it — the survey’s cost does not count toward the $1,000 test — and may make the owner responsible for damage, for maintenance until the system is removed, for restoring the common area after removal, and for telling future buyers about the system (§4746).

Giving one owner exclusive use of part of the common area normally takes a vote of members owning at least 67% of the separate interests, unless the governing documents set a different percentage. Solar is an exception: the vote is not required to install and use a system on the common-area roof of a residence that meets §714, §714.1 and, if applicable, §4746 (Civil Code §4600). More process, but still a path to yes.

Ask for the denial and its reason in writing, then test the reason against §714: does it really add more than $1,000 to the proposed system or cut its efficiency by more than 10%? A short letter citing the statute is a common first step. The statute has consequences: a non-public entity that willfully violates it is liable for the applicant’s actual damages and a civil penalty of up to $1,000, and in any action to enforce it the prevailing party is awarded reasonable attorney’s fees (§714(f)–(g)).

Most approvals come down to a complete package: a site plan, equipment specifications and a design that respects appearance rules without giving up meaningful production. Cali Energy (CSLB #1032379) prepares that package with every proposal. For the bigger decision, see is solar still worth it and choosing a solar installer.

Figures on this page come from the primary sources below and, where noted, from Cali Energy calculations using the stated assumptions. Rates, incentives, and program terms change; each was verified September 29, 2026.

1. California Civil Code §714 — Solar Rights Act (as amended by AB 2188, 2014)
2. California Civil Code §714.1 — what an association may and may not require (as amended by AB 634, 2017)
3. California Civil Code §4746 — solar on multifamily common-area roofs (AB 634, 2017)
4. California Civil Code §4600 — member vote for exclusive use of common area, and the solar exception
5. California Government Code §65850.5 — administrative approval of solar permits
6. LADBS — Information Bulletin P/GI 2023-027, Solar Energy Systems