Seminole, FL Solar Energy: HOA Restrictions (2026)
Key Facts
- Governing statute
- FS 163.04
- HOA prohibition
- Cannot ban solar collectors
- Orientation rule
- Within 45 degrees of south
- Performance test
- No impairment allowed
- Attorney fees
- Awarded to prevailing party
Summary
In Seminole, FL, Florida Statute 163.04 preempts homeowner associations from prohibiting rooftop solar collectors. HOAs may only specify approved roof orientation if it does not impair solar performance, regardless of any covenant language.
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
Florida Statute 163.04 governs solar access rights statewide and applies in the City of Seminole. The statute makes any deed restriction, covenant, or HOA rule that prohibits solar collectors void and unenforceable. HOAs may not require advance approval to install panels in a manner that impairs system performance. They may, however, specify the location on the roof so long as the orientation remains within 45 degrees of due south and does not reduce energy production. Prevailing parties in litigation are entitled to attorney's fees, giving homeowners strong leverage if an association improperly denies an installation. The City of Seminole does not add restrictions beyond state law.
Violations & Fines
HOAs that improperly deny solar installations face civil suit, must pay prevailing-party attorney's fees, and may be enjoined from enforcing the restriction.
Frequently Asked Questions
Can my Seminole HOA reject my rooftop solar panels?
What if my HOA still tries to block installation?
Sources & Official References
Other rules in Seminole
Florida rules heatmap·Compare Seminole 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.