California Legislative Action Committee

PAYMENTS (Civil Code §1365.1)
An owner may, but is not obligated to, pay under protest any disputed charge or sum levied by the association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and by so doing, specifically reserve the right to contest the disputed charge or sum in court or otherwise.

PAYMENTS OF ASSESSMENTS UNDER PROTEST; SMALL CLAIMS OPTION (Civil Code §1367.6)
(a) If a dispute exists between the owner of a separate interest and the association regarding any disputed charge or sum levied by the association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and the amount in dispute does not exceed the jurisdictional limits stated in Section 116.220 and 116.221 of the Code of Civil Procedure, the owner of the separate interest may, in addition to pursuing dispute resolution pursuant to Article 5 (commencing with Section 1363.810 of the Civil Code) of Chapter 5, pay under protest the disputed amount and all other amounts levied, including any fees and reasonable costs of collection, reasonable attorney's fees, late charges, and interest, if any, pursuant to subdivision (e) of Section 1366, and commence and action in small claims court pursuant to Chapter 5.5 (commencing with Section 116.110) of Title 1 of the Code of Civil Procedure.

(b) Nothing in this section shall impede and association's ability to collect delinquent assessments as provided in Sections 1367.1 and 1367.4 of the Civil Code.

VOIDABILITY OF COVENANT RESTRICTING SOLAR ENERGY SYSTEMS; APPLICATION FOR APPROVAL; PENALTIES (Civil Code §714)
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instruments affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, as defined in subdivision (j) of Section 1351 of the Civil Code, that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable.
(2) For an approving entity that is a homeowners' association, as defined in subdivision (a) of Section 1351 of the Civil Code, and that is not a public entity, both of the following shall apply:
(A) The approval or denial of an application shall be in writing.
(B) If an application is not denied in writing within 60 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional in