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FB Live Summary: Solar Rights with Bradley Schuber

Summary of our Facebook Live conversation with Bradley Schuber of Kriger Law Firm

Restrictions on Solar Energy Systems in Common Interest Developments: A Summary

In California there is a big push for solar energy and will likely see an increase in the state’s use of solar energy systems in the near future; California’s seemingly unlimited supply of sunlight gave way to its strong policy commitment to solar energy. The state’s commitment to solar policy led to the adoption of the Solar Rights Act. The Act prohibits CC&Rs from restricting the installation of solar energy systems in a common interest development with certain exceptions considered to be reasonable restrictions by the Association including:

• Cost and performance
• Alternative comparable systems
• Common area installation
• Maintenance and repairs
• Indemnification and reimbursement

Associations should review its governing documents to make sure that it provides members an approval process for an approval for installing solar energy systems. Make sure to review all requests for solar energy systems promptly and give a written response of receipt and review of application to the applicant. Always consult counsel and a solar energy professional when questions arise.

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