Often, yes, but only within limits set by the California Solar Rights Act.
When solar goes on a common area, including a shared roof, the Civil Code lets an HOA require the owner to take responsibility for maintenance, repair and replacement, to carry liability insurance and to indemnify the association. Some covenants go further than the law allows, for example by shifting costs that aren't tied to the solar installation or by adding conditions that make the system much more expensive.
We wrote about your solar rights in HOAs here: Can Your HOA Really Say No to Solar? What Homeowners Need to Know. If you've been handed a covenant that seems overreaching, our HOA Solar Maintenance Covenant Appeal Letter (CA) lays out what the statutes allow.
Has your HOA asked you to sign a covenant? What did it require?
This is general information, not legal advice. For your specific situation, talk to a licensed California attorney.
When solar goes on a common area, including a shared roof, the Civil Code lets an HOA require the owner to take responsibility for maintenance, repair and replacement, to carry liability insurance and to indemnify the association. Some covenants go further than the law allows, for example by shifting costs that aren't tied to the solar installation or by adding conditions that make the system much more expensive.
We wrote about your solar rights in HOAs here: Can Your HOA Really Say No to Solar? What Homeowners Need to Know. If you've been handed a covenant that seems overreaching, our HOA Solar Maintenance Covenant Appeal Letter (CA) lays out what the statutes allow.
Has your HOA asked you to sign a covenant? What did it require?
This is general information, not legal advice. For your specific situation, talk to a licensed California attorney.