Florida F.S. §163.04 invalidates any HOA covenant prohibiting solar installation. HOAs may impose reasonable specifications on location but cannot impair system effectiveness or significantly increase installation cost.
F.S. §163.04(2) is unambiguous: 'A deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings.' Subsection (3) allows reasonable restrictions on location only if they don't 'impair the performance of the device or significantly increase the cost.' Florida appellate courts have repeatedly enforced this — most notably in cases where HOAs tried to require ground-mounted panels rather than roof-mounted (Hyman v. Atlantic Beach OBA, 2018) — the impairment-or-cost test is strictly applied. HOA fines for solar violations are unenforceable.
None enforceable. HOA fines or liens based on solar restrictions are invalid under F.S. §163.04. Homeowner remedy is declaratory action plus attorney's fees if HOA refuses to abandon restriction.
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