Pinellas Park, FL Solar Energy: HOA Restrictions (2026)
Key Facts
- State law
- FS 163.04
- HOA bans
- Unenforceable
- Allowed control
- Placement within south band
- Fee shifting
- Prevailing party recovers fees
Summary
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.
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. A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit. Such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south if such determination does not impair the effective operation of the solar collectors.
(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney's fees.
(4) The legislative intent in enacting these provisions is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments.
Full Breakdown
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.
Violations & Fines
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.
Frequently Asked Questions
Can my HOA deny my solar panel application?
What if my HOA is still blocking my install?
Sources & Official References
Other rules in Pinellas Park
Florida rules heatmap·Compare Pinellas Park to another location·View the Florida solar energy overview
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HOA Restrictions in Nearby Cities
How other cities in Pinellas County handle hoa restrictions.