AB 634

  • California Assembly Bill
  • 2017-2018 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 15, 2017
  • Passed Senate Sep 05, 2017
  • Signed by Governor Oct 15, 2017

Real property: solar energy systems.

Abstract

(1) Existing property law prohibits any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, and any provision of a governing document from effectively prohibiting or restricting the installation or use of a solar energy system. Existing law also exempts from that prohibition provisions that impose reasonable restrictions on solar energy systems that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance. Existing law specifies that whenever approval is required for the installation or use of a solar energy system, the application for approval must be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property. Existing property law permits an association to impose reasonable provisions that restrict the installation of solar energy systems installed in common areas, as defined, to those systems approved by the association. This bill would prohibit an association from establishing a general policy prohibiting the installation or use of a rooftop solar energy system for household purposes on the roof of the building in which the owner resides, or a garage or carport adjacent to the building that has been assigned to the owner for exclusive use. The bill also would prohibit an association from requiring approval by a vote of members owning separate interests in the common interest development in those circumstances. Any action by an association that contravenes these provisions would be void and unenforceable. The bill would also make nonsubstantive and clarifying changes. (2) The Davis-Stirling Common Interest Development Act defines and regulates common interest developments. The act requires an affirmative vote of members owning at least 67% of the separate interests in the common interest development before the board may grant exclusive use of a portion of the common interest development to a member, unless the governing documents specify a different percentage. Existing law exempts from this requirement certain actions, including, among others, a grant of exclusive use to eliminate or correct engineering errors in recorded documents, to accommodate a disability, and to install and use an electric vehicle charging station through a license granted by the association. This bill also would exempt from that vote requirement an action to install and use a solar energy system on the common roof of a residence that meets specified requirements. The bill would require an association, when reviewing a request to install a solar energy system on a multifamily common area roof shared by more than one homeowner, to require an applicant to notify each owner of a unit in the building on which the installation will be located of the application and to require each owner to maintain a homeowner liability coverage policy, as specified. The bill would permit an association, when reviewing this request, to impose additional reasonable requirements, including a requirement to submit a solar site survey showing the placement of the solar energy system, in accordance with specific criteria.

Bill Sponsors (1)

Votes


Actions


Oct 15, 2017

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State - Chapter 818, Statutes of 2017.

Sep 13, 2017

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Sep 07, 2017

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 4. Page 3018.).

Sep 05, 2017

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77.

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 6. Page 2458.).

Aug 29, 2017

Senate

Read second time. Ordered to third reading.

Aug 28, 2017

Senate

Read third time and amended. Ordered to second reading.

Aug 22, 2017

Senate

Read second time and amended. Ordered to third reading.

Aug 21, 2017

Senate

From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (July 18).

Jul 05, 2017

Senate

Read second time and amended. Re-referred to Com. on JUD.

  • Amendment-Passage
  • Reading-2
  • Referral-Committee
  • Reading-1
Com. on JUD.

Jul 03, 2017

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 13. Noes 0.) (June 27).

Jun 19, 2017

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  • Amendment-Passage
  • Referral-Committee
  • Reading-2
  • Reading-1
  • Amendment-Introduction
Com. on T. & H.

May 24, 2017

Senate

Referred to Coms. on T. & H. and JUD.

  • Referral-Committee
Coms. on T. & H. and JUD.

May 15, 2017

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1528.)

May 08, 2017

Assembly

Read second time. Ordered to third reading.

May 04, 2017

Assembly

Read second time and amended. Ordered returned to second reading.

May 03, 2017

Assembly

From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 2).

Mar 27, 2017

Assembly

Re-referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Mar 23, 2017

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

Assembly

Referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Feb 15, 2017

Assembly

From printer. May be heard in committee March 17.

Feb 14, 2017

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB634 HTML
02/14/17 - Introduced PDF
03/23/17 - Amended Assembly PDF
05/04/17 - Amended Assembly PDF
06/19/17 - Amended Senate PDF
07/05/17 - Amended Senate PDF
08/22/17 - Amended Senate PDF
08/28/17 - Amended Senate PDF
09/08/17 - Enrolled PDF
10/15/17 - Chaptered PDF

Related Documents

Document Format
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Sources

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