FL Statute 163.04 preempts HOA bans on solar energy devices. Orange County HOAs and CDDs cannot prohibit solar panels but may impose reasonable restrictions on location and aesthetics that do not impair system performance or significantly increase cost.
FL 163.04(2) explicitly voids HOA covenants that prohibit solar collectors. Association may determine specific location on roof if such determination does not impair performance or adversely impact cost. Courts have ruled narrowly in favor of homeowners. Orange County has many large master-planned HOA/CDD communities (Horizon West, Lake Nona, Avalon Park, Windermere) where solar installations have been challenged. Homeowners should submit architectural review applications citing FL 163.04. Legal remedy through civil court if HOA denies improperly.
Improper HOA denial: civil suit under FL 163.04, attorney fees recoverable. Fines improperly imposed: refund required plus damages.
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