CALIFORNIA SOLAR SHADE CONTROL ACT INSTALL

On the other hand, the Solar Shade Control Act focuses its hours during midday peak, which doesn’t protect homeowners from the shade that falls during the evening peak between 4 to 8 p.m. TOU plan states that solar energy production in the early evening is more valuable than other times throughout the day. You Might Need To Negotiate With Your NeighborĪlthough this act exists, California also has another policy that requires new solar homes to have a time-of-use (TOU) plan. They can still plant trees they just can’t let them grow so big that they shade your system. So what exactly does this mean? The act requires that neighbors trim back trees after your solar panels are installed. This act only applies to newly planted trees that replace a dead tree or one that has been removed for safety reasons.

CALIFORNIA SOLAR SHADE CONTROL ACT INSTALL

However, this doesn’t mean you can install solar panels and then demand your neighbors cut their trees down. The Solar Shade Control Act prohibits homeowners/neighbors from planting a tree or shrub that would shade more than 10% of a neighboring solar collector between the hours of 10 a.m. What is California’s Solar Shade Control Act? Luckily, in the state of California, there’s a thing called the Solar Shade Control Act. So what can you do about your neighbor’s trees blocking your solar panels? Under the new law, HOAs no longer have the authority to prohibit solar installations. How AB 634 Changes HOA Control Over Solar Installations. This will help condo owners tremendously with solar adoption and its potential for clean energy savings. Now, if the shade blocks your solar panels for even part of the day, it can still have a drastic impact on your energy production. Thanks to new laws, California HOAs can’t obstruct solar installations on their properties. If your home has a clear view of the sun throughout the day, your solar panels can produce enough power to provide 100% of your needs. There may be something you can do about it!Įnsuring your solar panels are clear of shade throughout the day is essential when it comes to determining their success. You might be wondering, “Can I do anything about my neighbor’s trees blocking my solar panels?”ĭon’t worry, we’ve got you covered… Keep reading. If you feel your rights to air, light or view have been violated or would like to establish those rights, or if you have any other questions about real estate legal issues, contact Brewer Offord & Pedersen LLP at (650) 327-2900, or on the web at you have solar panels, or are you thinking of going solar? Great! There’s only one problem… Your neighbor’s big trees! Unfortunately, their trees can interfere with your energy production. Thus, the injured homeowner would have to rely on the government agency to enforce it’s own restrictions. However, neither the Solar Shade Control Act nor violations of local building codes typically create a private nuisance cause of action entitling one neighbor to sue and obtain relief from the other (absent exceptional circumstances). Local governments may also adopt height limits to protect views and provide for light and air, including by way of building codes. Resources Code, §§ 25980 et seq.), which provides limited protection to owners of solar collectors from shading caused by trees on adjacent properties. The most predominant example is the Solar Shade Control Act (Pub. The right of a landowner to air, light, or an unobstructed views may be created by the legislature. This can be as far reaching as requiring fences or foliage to be a certain height and not made or planted in such a way to prevent others from seeing through them. Thus, if you are an owner of a condominium, or more likely, a home in a subdivision, the CC&Rs may provide that neighboring homeowners may not build anything to obstruct another’s view. The right to air, light, or an unobstructed view may also be obtained through the adoption of conditions, covenants, and restrictions (CC&Rs). One may not obtain such a right through prescription or implication. This would require the express grant from one homeowner to the other in writing. The right of a landowner to air, light, or an unobstructed view may be created by private parties through the granting of an easement. However, as with most laws, there are certain exceptions that may apply.

As a general rule, California landowners do not have a right of access to air, light and view over adjoining property. The old English doctrine that gave a landowner an easement over adjoining land for the passage of light and air was repudiated long ago in California. A good view can be worth hundreds of thousands of dollars, so we would assume it is something that is automatically protected, right? Unfortunately, in most cases, it is not. Palo Alto and the San Francisco Bay Area are no exception. One of the most important features for some people in deciding whether to purchase a home is it’s view.

California solar shade control act