Hoa And Solar Panels Florida

However your hoa should be cautious with regards to restricting the installation or use of solar panels.
Hoa and solar panels florida. The key is to check your state s solar access rights to see if it can prevent you from going solar. Homeowners associations in florida florida statute 163 04 forbids any binding agreement between hoas or otherwise to prohibit a property owner from installing solar. Examples of states that have enacted solar access rights laws including california utah texas arizona and florida. 163 says about coa and hoa restrictions on solar panels in so.
Solar rights laws are becoming more common throughout the states and are specifically instituted to protect owners of solar energy systems. The relevant statute regarding solar panels is section 163 04 florida statutes which provides that no ordinances or laws can prohibit the installation of solar collectors clotheslines or other energy devices based on renewable resources the statute is not limited in its application to government agencies. An hoa may restrict where you place your solar panels but not if the system s performance suffers as a result. Florida s solar rights law forbids any entity hoa and coas included from prohibiting the installation and usage of solar panels on a residential roof.
163 04 if a homeowner sought to install solar panels on a south facing roof area visible from the street but the association required the homeowner to move the location of the solar panels to another roof facing within 45 of due south and not visible from the street. In some cases an hoa may deny you for aesthetic reasons. It is essential that you understand what f s. Whether you are a member living within a development governed by a homeowners association hoa or a condominium owners association coa and interested in installing solar panels on your home or a member of the board of directors of a hoa coa or its respective architectural review committees arc in florida it would behoove you to become familiar with florida statute 163.
An association may require approval of a system installation and may establish restrictions for installations. The purpose of these laws is to prevent homeowner s associations from banning solar panels and often also prevents them from having contracts that restrict homeowners from installing solar panels on their homes. As a homeowners association hoa board member it is your duty to approve of most renovations that take place within your community. This statute does give the association some power to tell you where to put solar panels but only if it will not impair the effective operation of the system.
The city of ormond beach opinion suggests that a homeowners association would be acting within its authority under fla. Generally speaking the answer is no a homeowners association is not able to prevent you from installed solar panels and that is solidly in law in florida statute 163 04. An hoa will only prevent you from installing solar panels if your state requires approval for the installation and then rejects the proposal.