Pinellas County, FL Solar Energy: HOA Restrictions (2026)
Key Facts
- Governing law
- Florida Statute 163.04
- HOA can require
- Within 45 deg of south
- Fee shifting
- Prevailing party attorney fees
- Scope
- All Pinellas HOAs
Summary
Florida Statute 163.04 preempts HOAs in Pinellas County from prohibiting solar collectors, allowing only narrow placement controls within 45 degrees of due south that do not impair system performance.
163.04 Energy devices based on renewable resources. - (1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited. (2) 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 erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement.
Full Breakdown
Florida Statute 163.04 (Solar Rights Act) declares void any deed restriction, covenant, or HOA rule that prohibits or has the effect of prohibiting solar collectors, clotheslines, or other renewable-energy devices on residential property. Subsection (2) blocks association boards and architectural review committees from denying solar applications. Subsection (1) permits HOAs to dictate specific roof location only within an orientation to the south or within 45 degrees east or west of due south, and only if the chosen location does not impair effective operation. Subsection (3) awards prevailing-party attorney's fees in litigation. The statute applies in all 24 Pinellas cities and unincorporated areas.
Violations & Fines
HOAs that wrongfully deny solar may be ordered to permit installation and pay the homeowner's attorney fees and costs under FS 163.04(3). Continued obstruction can support contempt sanctions in court.
Frequently Asked Questions
Can a Pinellas County HOA reject my solar panels?
Who pays legal fees in a Pinellas County HOA solar dispute?
Sources & Official References
Other rules in Pinellas County
Florida rules heatmap·Compare Pinellas County to another location·View the Florida solar energy overview
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