Testing the Limits of the California Solar Act

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In November, the California Appellate Court upheld a trial court decision that homeowners improperly installed a solar energy facility on their home in contravention of the community's covenants, conditions and restrictions (CC&Rs). As more and more single-family residences have sought to take advantage of affordable solar installations, they have been aided in their goal by the California Solar Rights Act, which protects individual homeowners' access to the sun. The Act has restrained homeowners associations (HOAs) in their ability to push back against the often aesthetically unappealing structures by limiting the restrictions HOAs are able to impose. Yet, because of the court's decision in Tesoro del Valle Master Homeowners Association v. Griffin, HOAs may have regained some power in ultimately determining the size, scope, and location of solar installations on homes.

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