§ 799.12
489 words·~2 min read·
/ca/civil-code/799-12A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system on the mobilehome or the site, lot, or space on which the mobilehome is located is void and unenforceable.
(b)Ownership or management shall not prohibit or restrict a homeowner or resident from installing or using a solar energy system on a mobilehome or the site, lot, or space on which the mobilehome is located. Ownership or management shall not do any of the following:
(1)Charge any fee to a homeowner or resident in connection with the installation or use of a solar energy system.
(2)Require a homeowner or resident to use a specific solar installation contractor or solar energy system or product.
(3)Claim or receive any rebate, credit, or commission in connection with a homeowner’s or resident’s installation or use of a solar energy system.
(c)This section does not apply to imposition of reasonable restrictions on solar energy systems. However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly, reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
(1)For purposes of this section, “solar energy system” has the same meaning as defined in paragraphs
(1)and
(2)of subdivision
(a)of Section 801.5.
(2)A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Section 65850.5 of the Government Code.
(3)Solar energy systems and solar collectors used for heating water shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes.
(4)A solar energy system for producing electricity shall also meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, if applicable, rules of the Public Utilities Commission regarding safety and reliability.
(e)This section shall not apply to a master-meter park. “Master-meter park” as used in this section means “master-meter customer” as used in Section 739.5 of the Public Utilities Code.
(f)Any entity that willfully violates this section shall be liable to the homeowner, resident, or other party for actual damages occasioned thereby, and shall pay a civil penalty to the homeowner, resident, or other party in an amount not to exceed two thousand dollars ($2,000).
(g)In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney’s fees.