Florida Statute 163.04 prevents HOAs and deed restrictions in Safety Harbor from prohibiting solar collectors. Associations may set limited placement rules within 45 degrees of due south but cannot impair effective system operation.
Florida Statute 163.04 preempts any deed restriction, covenant, declaration, or similar agreement that would prohibit or have the effect of prohibiting solar collectors, clotheslines, or other renewable-resource energy devices. For Safety Harbor homeowners in HOA neighborhoods, this means an association cannot ban rooftop solar panels. An HOA may determine specific roof location for panels only if it keeps orientation within 45 degrees east or west of due south and does not impair effective operation or significantly increase system cost. Aesthetic guidelines (color, framing) are permissible but cannot be used to functionally block installation. Disputes are typically heard in civil court.
An HOA enforcing a prohibition against solar collectors is unenforceable under state law; homeowners may sue for declaratory relief and recover attorney fees if the HOA loses.
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Safety Harbor, FL
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