Reasonable rules regarding solar installations will help both homeowners and the HOA.
Such rules must be carefully crafted to ensure compliance with Civil Code Sections 714, 714.1, and 4746. Such rules should address issues including:Under Civil Code Section 714 if the application is not approved or denied within 45 days , the installation is DEEMED APPROVED. Have the time limits in the rules.Civil Code Section 714 allows HOA rules to require compliance with health and safety and electrical codes.
The solar site survey plan will be quite simple if the system is only to be installed on a roof or carport serving a single residence, but a multi-story apartment-style condominium building will need a more sophisticated plan showing that the applicant is proposing only to use their fair share of the usable space on the shared common roof.
After installing its system, leasing companies often sell the lease to finance companies. If the unit sells, the leasing company must consent to the new lessee.There is nothing in the applicable statutes that requires the HOA permit leased systems to be installed upon common area roofs. The potential problems for the HOA and the future owners can be prevented by not permitting leased equipment to be installed upon common area roofs.
Solar energy generation is the present, not the future. Be prepared with reasonable written policies.Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober DeNichilo LLP, a California law firm known for community association advice. Submit questions to
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