Florida law overrides HOA solar bans in Charlotte County. Under Fla. Stat. §163.04, a deed restriction or covenant may not prohibit solar collectors, and an association may only set a roof location that does not impair efficiency.
Many Port Charlotte and Punta Gorda subdivisions are deed-restricted, but those covenants cannot ban a homeowner's solar panels. Fla. Stat. §163.04 voids any deed restriction, covenant, or association rule that prohibits or has the effect of prohibiting solar collectors. An association may determine the specific roof location for panels, but only within an orientation to the south or within 45 degrees east or west of due south, and only if that placement does not impair the collectors' effective operation. Aesthetic objections and old anti-solar covenants written into these subdivisions cannot override the statute.
An HOA that denies, delays, or fines a compliant solar installation, or dictates a location that impairs efficiency, is enforcing a void restriction under Fla. Stat. §163.04 and risks liability for the homeowner's costs.
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