Florida Statute 163.04 (the Solar Rights Act) preempts HOA bans on solar panels in Pinellas Park. HOAs may regulate placement within a south-facing band but cannot prohibit installation or impair system performance.
Pinellas Park HOAs are bound by Florida's Solar Rights Act, codified at FS 163.04. The statute makes any deed restriction, covenant, or HOA rule that prohibits solar collectors, clotheslines, or other renewable energy devices unenforceable. HOAs can require architectural review and may set the specific location of panels 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 placement does not impair the system's effective operation. HOAs cannot demand changes that reduce production or raise costs, and the prevailing party in a Solar Rights Act lawsuit is entitled to attorney's fees, giving homeowners meaningful leverage when associations push back.
HOA covenants that prohibit solar are void under FS 163.04. Homeowners can seek declaratory relief, injunctions, and attorney's fee recovery against an offending HOA.
See how other cities in Pinellas County handle hoa restrictions.
See how Pinellas Park's hoa restrictions rules stack up against other locations.
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