Limit Solar Restrictions in HOAs and/or CC&Rs

• Author: Caragh McMaster, Tegan Jarchow
• Pages: 135-138

135Part 3: Fill Regulatory Gaps

LIMI T SOL AR RESTR ICT ION S

IN HOAS AND /OR CC&RS

Caragh McMaster, Tegan Jarchow (authors)

Darcie White, Sara Bronin, & Jonathan Rosenbloom (editors)

INTRODUCTION

Covenants, Conditions, and Restrictions (CC&R s) are private-sector regula-

tions governing what homeowners can do with their land.1 An important

characteristic of CC&R s is that they run with t he land, meaning they stay

in place upon sale of a property.2 CC&Rs are often utilized by Homeown-

ers Associations (HOAs), which are often the outcrop of subdivided proper-

ties.3 CC&Rs outline the rights and obligations among homeowners and

between homeowners and HOAs. ey often restrict use s, require insurance,

and describe other legal obligations.4 In doing some, some CC&Rs include

restrictions prohibiting or severely limiting solar panel installation.5 ese

CC&Rs are justi ed on the grounds that they promote uniformity and aes-

thetic standards within the community.6 While it is possible for CC&Rs to

be amended, this often requires a supermajority, making change dicult, at

times.7

With the increased push for green energy, the possibility of prohibiting

CC&R solar restrictions is becoming a viable option.8 In 2010, the State of

California amended its Solar R ights Act of 1978 stating “[a]ny covenant,

restriction, or condition . . . that eectively prohibits or restricts the instal-

lation or use of a solar energy system is void and unenforceable.”9 Despite

forty states adopting solar access statutes, only twenty-one of those states

expressly mention CC&Rs similar to the California statute.10 Proponents of

solar rights in other states have had to rely on local governments to prohibit

CC&R solar restrictions.11

Ordinances prohibiting CC&R restrict ions should dene the scope of the

ordinance.12 e scope may vary and may include preventing the CC&R s

from banning solar installation outright,13 proscribing “unduly restrict ive”

CC&Rs, and allowing CC&R restrictions so long as they a re “reasonable

restrictions” on solar installation. Local governments should be conscious