Homeowners Associations and Solar Panels in Florida

Florida state law makes it pretty clear they are for solar panels. Florida Statute 163.04 restricts what HOAs can and can't do. The key piece for an HOA is paragraph 2 "deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement."

An association may determine the location the solar panels are installed, again with some limits. The big caveat here is that if you require a specific location it can't impair the effective operation of the panels.

Another key piece is paragraph 3 where it lays out that the prevailing party is entitled to costs and reasonable attorney's fees.

Note: We have experienced architecture review submissions including the Florida statute indicating they can't ban solar panels.

FS 163.04 - Energy devices based on renewable resources

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