Florida law renders unenforceable any HOA covenant or rule prohibiting solar collectors. HOAs may dictate where on a roof panels go only if the alternate location does not impair system performance.
Section 163.04(2), Florida Statutes, voids any deed restriction, covenant, or HOA rule preventing installation of a solar collector. HOAs retain limited authority to specify where collectors go on the roof, but only within an orientation to the south or within 45 degrees east or west of due south, and only if the determination does not impair the effective operation of the system. Florida courts have consistently enforced this statute against community associations, and prevailing owners recover costs and attorney fees under Section 163.04(3). Mandatory aesthetic screening that reduces output is unlawful.
Owners may recover actual damages plus reasonable attorney fees from HOAs that violate F.S. 163.04. Courts may issue injunctions ordering the association to permit installation as designed.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Fort Myers, FL
The City of Fort Myers Code of Ordinances does not prohibit artificial turf on residential property. Florida-Friendly Landscaping (FS 373.185) protects water...
Fort Myers, FL
Florida Statute 373.185 establishes Florida-Friendly Landscaping (FFL) as a protected statewide policy. A local government ordinance or HOA covenant may not ...
Fort Myers, FL
Fort Myers Code of Ordinances Chapter 90, Article III (Water Shortage Regulations) enforces year-round landscape irrigation limits aligned with SFWMD Chapter...
Fort Myers, FL
Fort Myers Code Compliance enforces a citywide 12-inch maximum height for grass, weeds and underbrush on all property, including vacant lots, plus the adjace...
Fort Myers, FL
Fort Myers Chapter 138 (Vegetation) of the Land Development Code, including Section 138-46, governs protected-tree removal and requires permitting through th...
Fort Myers, FL
On a single-family residential lot, Florida Statute 163.045 prevents the City of Fort Myers from requiring a notice, application, approval, permit, fee, or m...
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