Question:
Several of my neighbors installed solar prior to a new HOA company was hired. I now want to install solar. The HOA is making me pay $900 for an attorney to write up a maintenance covenant for the solar. None of my other neighbors signed or paid for this. Is this legal?
– Vicki
Answer:
Hi Vicki,
California Civil Code Section 714(a) and (b) states:
“(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, as defined in Section 4150 or 6552, that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable.
(b) This section does not apply to provisions that impose reasonable restrictions on solar energy systems. However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly, reasonable restrictions on a solar energy system are those restrictions 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.”
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