Florida law renders unenforceable any HOA covenant or rule prohibiting solar collectors. HOAs may dictate where on a roof panels go only if the alternate location does not impair system performance.
Section 163.04(2), Florida Statutes, voids any deed restriction, covenant, or HOA rule preventing installation of a solar collector. HOAs retain limited authority to specify where collectors go on the roof, but only within an orientation to the south or within 45 degrees east or west of due south, and only if the determination does not impair the effective operation of the system. Florida courts have consistently enforced this statute against community associations, and prevailing owners recover costs and attorney fees under Section 163.04(3). Mandatory aesthetic screening that reduces output is unlawful.
Owners may recover actual damages plus reasonable attorney fees from HOAs that violate F.S. 163.04. Courts may issue injunctions ordering the association to permit installation as designed.
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