Overview

Condominium owners in California often hear the same objection when they propose installing solar panels: “The roof is common area. You don’t own it.” In most HOA contexts, that statement would end the discussion. HOA boards almost always have the final say when it comes to controlling common area components, and individual owners almost never have the right to alter them without HOA approval. But solar panels are different. California law treats solar access as a matter of strong public policy, and that policy significantly limits HOA authority, even when common area roofs are involved.

Civil Code sections 714 and 714.1 establish broad statewide protections against HOA interference with solar panel installation. Civil Code 4746, which is part of the Davis–Stirling Act, goes further by addressing the specific realities of condominium developments. Civil Code 4746 allows an owner to install a solar energy system on the owner’s pro-rata portion of a common area roof or parking space, provided certain statutory conditions are met. That framework represents a meaningful departure from the usual rule that HOAs control modifications to common area components.

This departure matters. In most situations, an HOA board can prevent an individual owner from making alterations to common area roofs. With solar, however, the Legislature carved out a specific exception. The board may impose limited conditions, such as requiring insurance, indemnification, and responsibility for maintenance or damage, and it may prevent one owner’s system from interfering with another owner’s system. But the board may not simply deny an application because the roof is common area or because it prefers uniform aesthetics.

This Fact Sheet explains how Civil Code 4746 interacts with sections 714 and 714.1, what conditions an HOA may lawfully impose in condominium developments, when a denial crosses the line, and why California’s strong public policy in favor of renewable energy overrides the broad common area control that HOAs otherwise exercise.

If you’re interested in more information on this subject, I’ve written a full-length article on solar panel rights in California HOAs titled, “Can Your HOA Stop You from Going Solar? What California Law Really Says.” Or, if you prefer, you can watch an episode from my podcast, HOA HELL, by clicking here. If you want to read something shorter than my article, you can also check out my Fact Sheet titled, “Can a California HOA Stop You from Installing Solar Panels?”

Key Points

California law treats condominium solar installation as a deliberate exception to the normal rule that HOAs control common area components. In most contexts, an owner cannot alter a common area roof without board approval. Solar panels are different. Civil Code sections 714, 714.1, and 4746 restrict HOA authority and protect an owner’s right to install a solar energy system, even when the installation occurs on common area property.

• Civil Code 4746 allows a condo owner to install solar panels on the owner’s pro-rata portion of a common area roof. Civil Code 4746, part of the Davis–Stirling Act, specifically authorizes a condominium owner to install solar panels on the owner’s allocated roof area or designated parking space, subject to specific statutory conditions. An HOA may not deny an application solely because the roof qualifies as common area.
• Solar rights in condominiums represent a departure from the normal virtually unilateral control that HOAs exercise over common areas. In most situations, an HOA board may prevent owners from altering common area components. With solar panels, the Legislature carved out a specific statutory exception. That exception reflects California’s strong public policy favoring renewable energy and limits the board’s discretion accordingly.
• An HOA may impose limited, enumerated conditions under Civil Code 4746. An HOA may condition approval of a condominium owner’s solar installation on a common area roof on only three things. Those conditions must track the statute. The HOA may not add extra requirements or invent additional barriers beyond the three authorized conditions:
  • Maintain the system and repair any damage it causes to the common area. The owner must accept financial responsibility for installation, maintenance, and repair obligations related to the system.
  • Carry appropriate insurance and name the HOA as an additional insured. The HOA may require reasonable insurance coverage tied to the installation.
  • Enter into a recordable covenant allocating maintenance and repair responsibility. The board may require written agreements confirming maintenance and liability obligations.
• An HOA may also prevent interference between competing solar systems. If one owner’s proposed installation would materially interfere with another owner’s existing solar panels, the HOA may regulate placement to prevent that conflict. The board must base any restriction on measurable impact, not speculation.
• California law limits how much an HOA can increase the cost of your solar system or reduce its performance. Civil Code 714 prohibits an HOA from imposing any restriction that increases the total cost of a solar panel energy system by more than $1,000 or reduces its expected electricity output by more than 10%, measured in kilowatt hours. These statutory limits apply even when the installation occurs on a common area roof in a condominium development. An HOA cannot use common area status as a way to impose cost increases or performance reductions that exceed those thresholds.
• Civil Code 714 requires the HOA to act within 45 calendar days on your solar application. An HOA must approve or deny a complete solar application within 45 calendar days of submission. If the HOA fails to act within that period, the application is deemed approved by operation of law. The board cannot extend the deadline by remaining silent, requesting informal revisions, or later claiming that you submitted an incomplete application. If the HOA believes the application lacks required information, it must formally deny it within the statutory window.
• Aesthetic objections do not override statutory protections. An HOA of a condominium complex may regulate reasonable design parameters, but it may not deny installation simply to preserve uniform rooflines or architectural symmetry if doing so violates cost or performance limits.
• HOAs cannot treat solar like an ordinary architectural modification. Condominium HOA boards sometimes process solar applications under generic architectural guidelines without adjusting for the statutory solar protections. That approach ignores the specific limitations imposed by Civil Code 714 and Civil Code 4746. Solar is not landscaping, paint color, or window replacement.
• Civil Code 4746 does not give the HOA veto power over your common area solar panel installation. California law authorizes installation subject to defined safeguards. It does not authorize denial based on board preference. If an HOA denies a compliant application without statutory justification, the denial violates California law.

California’s condominium solar framework reflects a strong legislative choice. While HOAs generally exercise sole control over common area roofs, solar energy systems occupy a protected category. Boards may regulate within statutory limits. They may not block installation simply because the roof belongs to the HOA. That means that condo owners can actually force their HOAs to let them install solar panels on their common area roofs.

If your HOA denies or conditions your condo solar panel installation in violation of Civil Code 4746 or related statutes, call us at MBK Chapman and we’ll set your HOA straight. Our HOA attorneys are the best trained homeowner-side HOA lawyers in California, and we’re experts at protecting our clients’ solar panel rights.

FAQs

About MBK Chapman Fact Sheets

Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.

At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.

Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.

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