Solar Energy
Florida HOA Solar Rights: Fla. Stat. 163.04 Explained
Florida Statute 163.04 prohibits local ordinances, HOA covenants, and deed restrictions from banning solar collectors, clotheslines, and other renewable energy devices, while allowing limited roof orientation rules.
What the law covers
Florida Statute 163.04 addresses energy devices based on renewable resources. Under the statute:
- Local Ordinances: Governing bodies may not adopt ordinances that prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources.
- Deed Restrictions and HOA Rules: Deed restrictions, covenants, declarations, or similar binding agreements cannot prohibit or effectively prohibit renewable energy devices on buildings constructed on covered lots or parcels.
- Approval Restrictions: Entities granted authority to approve, forbid, control, or direct property alterations for residential dwellings or within the boundaries of a condominium unit cannot deny a property owner permission to install solar collectors or other energy devices.
Key requirements and limits
The statute sets specific statutory boundaries regarding installation, location, and legal remedies:
- Roof Location Rights: An approving entity may specify the location of solar collectors on a roof, provided the location is oriented to the south or within 45° east or west of due south, and only if that location does not impair the effective operation of the solar collectors.
- Patio Railing Exemption: The protections in this section do not apply to patio railings in condominiums, cooperatives, or apartments.
- Attorney's Fees and Costs: In litigation arising under this section, the prevailing party is entitled to recover costs and reasonable attorney's fees.
- Legislative Intent: The legislature enacted these provisions to protect public health, safety, and welfare by encouraging renewable resource development and preventing rules that drive ownership costs beyond private owners' capacity to maintain.
Practical checklist for homeowners
Homeowners reviewing energy device installations can take neutral, practical steps:
- Review Governing Documents: Read the association's governing documents and later amendments, which may set architectural review procedures consistent with state law.
- Verify Roof Orientation: Check if proposed solar collector locations align to the south or within 45° east or west of due south.
- Evaluate Performance Impact: Keep documentation showing whether an association's preferred location would impair the effective operation of the collectors.
- Maintain Written Records: Save copies of all installation plans, architectural review requests, written decisions, and related correspondence.
- Monitor Statutory Text: Check official Florida legislative resources for updates or future amendments to Fla. Stat. 163.04.
Source
Fla. Stat. 163.04, official text“A 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”
“Such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south”
“In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.”
“This section shall not apply to patio railings in condominiums, cooperatives, or apartments.”
Frequently asked questions
Can an HOA or deed restriction prohibit solar collectors or clotheslines?
No. Under Fla. Stat. 163.04, a deed restriction, covenant, declaration, or binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other renewable energy devices.
Can an association determine where solar collectors are placed on a roof?
Yes. The entity may determine the specific location on the roof within an orientation to the south or within 45° east or west of due south, provided the location does not impair the effective operation of the solar collectors.
Does Fla. Stat. 163.04 apply to patio railings?
No. The statute expressly states that it does not apply to patio railings in condominiums, cooperatives, or apartments.
Who pays attorney's fees if a dispute under this statute goes to court?
In any litigation arising under Fla. Stat. 163.04, the prevailing party is entitled to recover costs and reasonable attorney's fees.
This page is general legal information, not legal advice, and Harrington Community is not a law firm. Statutes are amended over time and your association's governing documents may also apply. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.