Florida Statute §163.04 protects homeowners' right to install solar energy devices and prohibits HOAs and local governments from imposing unreasonable restrictions on solar installations in Miami-Dade County.
Florida Statute §163.04 establishes strong solar access rights for homeowners statewide including Miami-Dade County. No deed restriction, covenant, or similar binding agreement may prohibit or have the effect of prohibiting solar collectors or other energy devices based on renewable resources. HOAs cannot ban solar panels but may establish reasonable aesthetic guidelines for placement that do not reduce system efficiency by more than 10%. Local governments cannot impose requirements that materially increase installation costs or decrease system efficiency. These protections apply to all residential property types including single-family homes, townhomes, and condos.
HOA restrictions that effectively ban solar are unenforceable under FL §163.04. Homeowners may take legal action against unreasonable restrictions. The burden of proof is on the HOA to demonstrate reasonableness.
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