Florida Statute §163.04 broadly prohibits HOAs and local governments from preventing solar collector installation in Florida. HOAs can require neutral placement and aesthetic standards that don't substantially decrease performance, but cannot ban solar outright. Sarasota homeowners have strong protection.
F.S. §163.04(2) states '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.' HOAs can establish 'reasonable restrictions' on placement that don't substantially decrease the system's performance or substantially increase the system's cost. Common allowed restrictions: roof-mounted only (not ground), south-facing or rear-roof preferred, hidden conduit, no logos. Common prohibited restrictions: outright bans, requiring screened-from-view that prevents sun exposure, requiring ground mounts that don't capture sun. Sarasota has many homes in HOA-governed PUD communities - the F.S. §163.04 protection applies citywide.
Homeowners can sue HOAs under F.S. §720.305 for violations of F.S. §163.04 - prevailing party gets attorney fees. The City does not enforce HOA-solar disputes directly but will not deny a solar permit based on HOA preference.
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