Solar Energy · Florida
Fla. Stat. 163.04
Energy devices based on renewable resources
Official text ↗
Checked against the official source on 2 November 2026
At a glance
- Can the HOA ban it?
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No, deed restrictions cannot prohibit renewable energy devices or clotheslines.
“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”
- Approval process
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Property owners cannot be denied permission to install solar collectors.
“A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right”
- Restrictions the HOA may set
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The HOA may designate roof locations facing south or within 45 degrees.
“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”
- Litigation costs
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The prevailing party in litigation gets reasonable attorney fees and costs.
“In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.”
Each fact is shown with the exact words of the statute it comes from. Your association's governing documents may also apply.
Plain-English guide
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.
Read the guideOfficial text
Copy retrieved from www.leg.state.fl.us. Always rely on the official source for the current version.
Show the full text of Fla. Stat. 163.04
F.S. 163.04163.04 Energy devices based on renewable resources.—(1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.
(2) 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 from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement. A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit. 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 if such determination does not impair the effective operation of the solar collectors.
(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.
(4) The legislative intent in enacting these provisions is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments.
History.—s. 8, ch. 80-163; s. 1, ch. 92-89; s. 14, ch. 93-249; s. 1, ch. 2008-191; s. 3, ch. 2008-227.
The same topic in other jurisdictions
Arizona · A.R.S. 33-1816 Illinois · 765 Ill. Comp. Stat. 165/15 Illinois · 765 Ill. Comp. Stat. 165/30 Oregon · Or. Rev. Stat. 94.778 Texas · Tex. Prop. Code 202.010 Virginia · Va. Code 55.1-1820.1 Washington · Wash. Rev. Code 64.38.055 Compare solar energy laws side by side →This page is general legal information, not legal advice, and Harrington Community is not a law firm. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.