Can HOA's Restrict Solar Panels In Florida?

Florida is known for its sunny weather and abundant sunshine. With the increasing popularity of solar energy, many homeowners are interested in installing solar panels on their homes. However, some homeowners associations (HOAs) have been restricting the installation of solar panels. This has led to a lot of confusion and frustration for homeowners who want to go solar. In this post, we will explore the issue of HOAs restricting solar panels in Florida.

What are HOAs?

HOAs are organizations that are responsible for managing and maintaining common areas in a community. They are typically made up of homeowners who live in the community and are elected to serve on the board of directors. HOAs are responsible for enforcing rules and regulations that are designed to maintain the appearance and value of the community.

Why do HOAs restrict solar panels?

HOAs may restrict the installation of solar panels for a variety of reasons. One common reason is that they want to maintain the uniform appearance of the community. Solar panels can be seen as unsightly or out of place in some communities. Another reason is that HOAs may be concerned about the impact that solar panels will have on property values. Some homeowners may be hesitant to purchase a home with solar panels if they are not familiar with the technology or the benefits of solar energy.

Can HOAs restrict solar panels in Florida?

Yes, HOAs can restrict the installation of solar panels in Florida. However, there are some limitations. In 2008, the Florida Legislature passed the Florida Solar Rights Act, which prohibits HOAs from restricting the installation of solar panels on residential properties. The law allows homeowners to install solar panels on their homes, as long as they comply with certain requirements.

According to Florida Statute 163.04, HOAs are prohibited from outright banning solar panels. HOAs can establish "reasonable" rules and restrictions regarding the installation of solar panels, but those rules cannot have the effect of impairing the performance, or increasing the cost, of a solar system by more than 10% or decreasing the efficiency by more than 10%.

Additionally, Florida Statute 163.04 also states that any restrictions must be based on legitimate safety requirements, and HOAs cannot prevent the installation of solar panels on rooftops or other areas that are within the exclusive use or control of the homeowner.

What are the requirements for installing solar panels in Florida?

Homeowners who want to install solar panels in Florida must comply with the following requirements:

• The solar panels must be installed on the roof or exterior wall of the home
• The solar panels must be installed in a location that receives sunlight for at least 4 hours per day
• The solar panels must be installed in a manner that does not impair the structural integrity of the roof or building
• The solar panels must not exceed the height of the roof or building by more than 4 feet

Homeowners who do not comply with these requirements may be subject to fines or other penalties from their HOA.

What should homeowners do if their HOA restricts solar panels?

If your HOA is restricting the installation of solar panels, there are a few things you can do. First, you should review the rules and regulations of your HOA to see if they are in compliance with the Florida Solar Rights Act. If you believe that your HOA is violating the law, you may want to consult with an attorney who specializes in solar energy law. Additionally, you can try to work with your HOA to find a compromise that will allow you to install solar panels while still maintaining the appearance and value of the community.

Conclusion

HOAs can restrict the installation of solar panels in Florida, but there are limitations. Homeowners who want to install solar panels must comply with certain requirements, and HOAs must comply with the Florida Solar Rights Act. If you are having trouble installing solar panels due to HOA restrictions, there are options available to you. By working with your HOA and consulting with an attorney if necessary, you can find a solution that works for everyone.

Here are a few links for further information on this topic:

1. Florida Statute 163.04: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0163/Sections/0163.04.html
2. Florida Solar Rights Act: https://www.flsenate.gov/Laws/Statutes/2011/Chapter163/All
3. Florida Solar Energy Industries Association (FLASEIA) - Solar Rights: https://www.flaseia.org

It's important to consult with an attorney or review your specific HOA guidelines to understand the exact restrictions and regulations that may apply in your community.