Florida Statute 163.04 preempts Dunedin HOAs and the city itself from prohibiting solar collectors or imposing restrictions that effectively prevent installation. HOAs may only specify roof location within an effective southern orientation.
Florida's Solar Rights Act, codified at Sec. 163.04, prohibits any local government, deed restriction, or HOA covenant from prohibiting or effectively prohibiting solar collectors and other renewable energy devices. In Dunedin, this means HOAs cannot deny solar applications outright. They may determine the specific roof location only if oriented within 45 degrees east or west of due south and only when that placement does not impair effective operation of the system. Restrictions may not significantly increase cost or significantly decrease performance. The prevailing party in litigation under the act is entitled to costs and reasonable attorney's fees, providing strong leverage for homeowners.
HOAs that deny or effectively block solar may face homeowner litigation, mandatory injunctions, and prevailing-party attorney fee awards.
See how other cities in Pinellas County handle hoa restrictions.
See how Dunedin's hoa restrictions rules stack up against other locations.
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