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Picking a fight with HOA (CA)
- Thread starter Dukeybootie
- Start date
The operative part of the CA Civil Code is 714(d)(1)(B):
(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.
(c) . . .
(d) For the purposes of this section:
(1)
(A) . . .
(B) For photovoltaic systems that comply with state and federal law, “significantly” means 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.
(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.
(c) . . .
(d) For the purposes of this section:
(1)
(A) . . .
(B) For photovoltaic systems that comply with state and federal law, “significantly” means 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.
Update:
I now have an HOA board appeal hearing on 12/7. Had to cancel two installation dates now to accommodate the appeal process. I have submitted photos from every relevant vantage point (street, driveway, neighboring homes, backyard) to address aesthetic concerns as well as a signed petition from my neighbors agreeing to the installation plans as currently designed without the 1-foot setback. You could not see the solar panels from any angle even if you tried.
Also submitted CA state fire safety guidelines for solar installers that allow for solar panels extending to the roof edge. Also submitted a copy of the city issued permit approving the current plans.
I am hoping for a smooth appeal, but if the plans are still rejected by the HOA despite all the evidence above, not sure what I would do then.
I now have an HOA board appeal hearing on 12/7. Had to cancel two installation dates now to accommodate the appeal process. I have submitted photos from every relevant vantage point (street, driveway, neighboring homes, backyard) to address aesthetic concerns as well as a signed petition from my neighbors agreeing to the installation plans as currently designed without the 1-foot setback. You could not see the solar panels from any angle even if you tried.
Also submitted CA state fire safety guidelines for solar installers that allow for solar panels extending to the roof edge. Also submitted a copy of the city issued permit approving the current plans.
I am hoping for a smooth appeal, but if the plans are still rejected by the HOA despite all the evidence above, not sure what I would do then.
Having a friend on a HOA board, he has given me great insight to how they work, let alone my first hand experiences. He has told me they do not really worry about members complaining since 99% of them will never take legal action. Therefore, even if they go to court and lose, no bid deal. I know when I hired an attorney, the board decided to settle and not go to court since I would have won, and won big.
If the HOA weren't an issue, how many panels would you get (assuming they're facing in an optimal direction).
And with the HOA being a menace, how many panels have you been reduced to (assuming same facing direction)?
Current plan is for an additional 15 panels.
Accommodating the HOA design requirement may reduce that to 8 panels, based on my amateur eyeballing of the design scheme. Every last square inch of available roof space is being used so the 1-foot setback would really eat into that space.
Thanks for the insight. What are you recommending in particular? The HOA cannot legally stop me at this point but I want to avoid HOA fines and acrimony. If it came to that and I just refused to pay the fines, then what? Get lawyers involved (and at what cost)?
You would have to look to see if they can take any rights away if you have fines.
I have just gone though processes like you. Appeals to boards, etc. But, I did hire the attorney in one case they were going to sue me over a property line dispute, and I won without having to go to court. It just takes time. Last thing I would do is do it anyways, while in the process. HOA's have positives, and negatives as you are dealing with now.
Yeah, the HOA forcing 15 becoming 8 is such a drastic reduction and should be disallowed under your solar rights.
The main restriction you have to make sure about is whether having panels going all the way down to the eaves is ok based on your fire AHJ. Hopefully you can figure out which fire zone you're in and see if they have guidelines like this:
https://www.cityofamericancanyon.org/home/showdocument?id=17642
If the 15 panel design conforms with the fire code, then I think you need to tell your HOA that your rights to install this 15 panel setup are protected by the things we listed above. I don't think you need to necessarily lawyer up at this time.
I would still not install anything until I had approval, however that happened.
See 15 panels numbered 1 and 2 below. Current HOA rules require the panels be set back 1 foot from the roof edge even though this was not a requirement in the past, when I had my original panels installed (unmarked panels in diagram). Not sure when the new rule took effect. Green dashed lines indicate city/state fire code setback requirements, which this design proposal is in compliance with. As you can see, accommodating the HOA 1 foot setback requirement would mean losing a lot of panels from the design.
What if the appeal were denied and HOA approval was never granted? If they cannot legally stop me under CA state law, how should I proceed then? Downsize the number of panels to accommodate HOA rules and lose the 2020 installation date as well, due to plan resubmission delays? Or say F it and install as is, with the law on my side?
Hoping this won't happen but it's certainly a possible scenario =(
That is when you hire an attorney if you want to fight for what you believe is legally your right.
Try these before paying lawyer fees.
CALSSA
Solar Rights — CA Solar & Storage Association
California’s Office of Planning and research also had a charter to enable the state target of 50% renewables without a ton of unnecessary costs and red tape. Since this is a state mandate you could contact the CA attorney general’s office to assist. You’re doing your part to achieve state goals, and your HOA is blocking you.
Consumer Complaint Against A Business/Company
CALSSA
Solar Rights — CA Solar & Storage Association
California’s Office of Planning and research also had a charter to enable the state target of 50% renewables without a ton of unnecessary costs and red tape. Since this is a state mandate you could contact the CA attorney general’s office to assist. You’re doing your part to achieve state goals, and your HOA is blocking you.
Consumer Complaint Against A Business/Company
This is super, thank you! Will bookmark for future use if the appeal fails. Found these CA.gov references which I will use during the appeal hearing, linking it here for others with HOA issues in CA.
https://opr.ca.gov/docs/20190226-Solar_Permitting_Guidebook_4th_Edition.pdf
Bill Text - AB-2188 Solar energy: permits.
From the Bill Text (AB-2188):
"The implementation of consistent statewide standards to achieve the timely and cost-effective installation of solar energy systems is not a municipal affair...but is instead a matter of statewide concern. It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners...to install solar energy systems."
"The implementation of consistent statewide standards to achieve the timely and cost-effective installation of solar energy systems is not a municipal affair...but is instead a matter of statewide concern. It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners...to install solar energy systems."
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