Florida Statute §163.04 prohibits HOAs, condominium associations, and local governments from adopting ordinances or regulations that prohibit the installation of solar energy devices. HOAs may impose reasonable restrictions regarding placement but cannot effectively prevent solar installation or increase cost by more than 10%. This state law preempts local HOA covenants in Jacksonville and throughout Florida. Any covenant purporting to ban solar panels is void and unenforceable.
Solar access rights in Jacksonville are protected by Florida state law, which limits the ability of homeowners associations to prohibit or unreasonably restrict solar panel installations. While HOAs may impose reasonable aesthetic guidelines (such as panel color, placement optimization, or screening from certain views), they cannot: ban solar panels outright, require approval processes that take more than 30–60 days, mandate changes that reduce system output by more than 10%, or impose conditions that increase installation costs by more than $1,000–$2,000. Architectural review applications for solar must be processed within a reasonable timeframe. Denials must cite specific, objective architectural standards. Roof-mounted panels are generally protected more strongly than ground-mounted arrays. Some state laws also protect solar water heaters and small wind systems.
HOA enforcement of illegal solar restrictions may expose the HOA to liability. Homeowners can file complaints with the state real estate commission or attorney general's office.
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