HOAs cannot prohibit or meaningfully restrict solar panels countywide under FL ยง163.04. Florida has one of the strongest solar access laws in the nation. Applies to all HOAs in Duval County.
Florida Statute ยง163.04 prevents any deed restriction, covenant, declaration, or similar binding agreement from prohibiting installation of solar collectors, clotheslines, or other renewable energy devices. HOAs may determine the specific location of solar panels (e.g., prefer rear or side roof slopes when equivalent solar output is achievable), but cannot effectively prohibit installation by imposing impractical location requirements. 2008 amendment clarified that HOAs may not require location impairing performance by more than 10% or adding more than $1,000 in cost. ยง163.04(4) allows prevailing homeowners to recover attorneys' fees in disputes with HOAs.
HOA restrictions that effectively prohibit solar: unenforceable. Homeowners may sue for declaratory judgment and recover attorneys' fees under ยง163.04(4).
See how Duval County's hoa restrictions rules stack up against other locations.
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