Florida law (FL Statute Section 163.04) strongly protects homeowners' rights to install solar panels and severely limits HOA authority to restrict solar energy systems. HOAs cannot prohibit solar panels and can only impose limited aesthetic requirements that do not significantly increase cost or decrease efficiency.
Florida Statute Section 163.04 declares it state policy to encourage solar energy use and provides strong protections for homeowners against unreasonable restrictions by HOAs and local governments. HOAs cannot prohibit the installation of solar panels or solar water heating systems. They may impose limited aesthetic guidelines, but only if those guidelines do not significantly increase the cost of the system, significantly decrease its efficiency, or effectively prevent installation. The statute specifically protects solar collectors, clotheslines (which are considered passive solar energy), and other solar energy devices. Any HOA covenant, restriction, or condition that prohibits or effectively prohibits solar energy devices is unenforceable. However, HOAs may require prior architectural review of the installation plan, as long as the review is completed in a timely manner and does not result in unreasonable denial. Homestead residents in HOA communities should submit their solar installation plans to the HOA for review but should not be prevented from proceeding with installation.
HOAs that violate FL Statute 163.04 may face legal action by homeowners. The statute provides for attorney's fees for homeowners who successfully challenge unreasonable solar restrictions.
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Side-by-side rule comparisons with other cities in Miami-Dade County.
See how other cities in Miami-Dade County handle hoa restrictions.
See how Homestead's hoa restrictions rules stack up against other locations.
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